[mr_toad]

> binary code is the output of an algorithm (the compiler) whose input was the source code.

Just because binary code is produced by the operation of an algorithm on source code doesn’t make all output produced any algorithm on that source code binary code. Otherwise checksums and hashes and prime numbers would be copyrighted.

Bats are not birds.

[ghoward]

You have a point, which is why the legal system would still require that a copy be substantial before they count it as infringing. I would argue that Copilot has already been shown to copy substantial portions, though.