If you ask a LLM to derive a spec that has no expressive element of the original code (a clean-room human team can carefully verify this), and then ask another instance of the LLM (with fresh context) to write out code from the spec, how is that different from a "clean room" rewrite? The agent that writes the new code only ever sees the spec, and by assumption (the assumption that's made in all clean room rewrites) the spec is purely factual with all copyrightable expression having been distilled out.
The new agent who writes code has probably at least parts of the original code as training data.
We can't speak about clean room implementation from LLM since they are technically capable only of spitting their training data in different ways, not of any original creation.
I don't see what's wrong with that personally. If I pirated someone's software, and then sold it as my own and got caught, just because I sold a bunch of it doesn't mean those people who bought it now are in the clear. They are still using bootleg software in their business.
