That's a separate thing. I mean, valid, and a good point to raise, but I wasn't raising it.

I was more talking about the weird space we're getting into where code is completely open, because it was generated and cannot have any copyright protection, but also unpublished, and so effectively proprietary. The opposite of OSS, where code is available but protected by copyright-based licenses.

That's true. You can write software that duplicates the functionality of existing software and by doing that you can evade the copyright of that software.