if the actual text of the code isn't the same or obviously derivative, copyright doesn't apply at all.
What does derivative mean here? Because IMO it means that the existing work was used as input. So if you used a LLM and it was trained on the existing work, that's a derivative work. If you rot13 encode something as input, so you can't personally read it, and then a device decides to rot13 on it again and output it, that's a derivative work.
In order for it to be creatively derivative you would need to copy the structure, logic, organization, and sequence of operations not just reimplement the functionality. It is pretty clear in this case that wasn't done.
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Of course, the problem with this interpretation is that all modern LLMs are derivatives from huge amounts of text under completely different licenses, including "All rights reserved", and therefore can not be used for any purpose.
I'm not sure how you square the circle of "it's alright to use the LLM to write code, unless the code is a rewrite of an open source project to change its license".
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Copyright protects even very abstract aspects of human creative expression, not just the specific form in which it is originally expressed. If you translate a book into another language, or turn it into a silent movie, none of the actual text may survive, but the story itself remains covered by the original copyright.
So when you clone the behavior of a program like chardet without referencing the original source code except by executing it to make sure your clone produces exactly the same output, you may still be infringing its copyright if that output reflects creative choices made in the design of chardet that aren't fully determined by the functional purpose of the program.
If you pirate a movie and reencode it, does that apply as well? You can still watch the movie and it is “obviously” the same movie, even though the bytes are completely different. Here you can use the program and it is, to the user, also the same.