The article is proceeding from the premise that a reimplementation is legal (but evil). To help my understanding of your comment, do you mean:

1. An LLM recreating a piece of software violates its copyright and is illegal, in which case LLM output can never be legally used because someone somewhere probably has a copyright on some portion of any software that an LLM could write.

2. You read my example as "copying a project without distributing it", vs. "having an LLM write the same functionality just for me"