Irrelevant, his thoughts in the matter or him being a shithead don't make the unintended use of a smart contract illegal or not. This is just usual case of Wilhoit’s Law by shitcoin peddlers.

> There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect.

They are outside of regulatory scrutiny but god-forbid someone uses the same excuses to take their funny money.