It all comes down to this: this has not been tested in the court. The above opinion, or for that matter any opinion from any lawyer or not-a-lawyer, is just that, an opinion.

As a business it is your responsibility to determine if this code-copying is worth a risk to your business.

Based on my experience, I'm pretty sure all corporate lawyers will disallow such code copying, till it has been tested in the court. It's just a matter of who will be the guinea pig.