Yeah I think, the Compaq / IBM precedent can only superficially apply. It would be like having two teams only meet in a room full of documentation - but both teams crammed the source code the day before. (That, the source code you are "reverse engineering" is in the training data.) It doesn't make sense.

Also, it's weird that it's okay apparently to use pirated materials to teach an LLM, but maybe not to disseminate what the LLM then tells you.