I'd say it's neither, it's laws failing to keep pace with technological development. All the precedent around clean-room engineering implicitly assumes it'll be painstakingly done by a team of humans taking months or years of work. This means that while there is a way around copyright, the effort it takes to reimplement something poses enough of a barrier that complying with the license is the easier option in most cases. If we treat AI the same way we treat humans here, it means that the barrier is gone. Their blog post brings up the example of Phoenix Software's reimplementation of the IBM PC BIOS. It took a team of engineers 4 months to write the initial version of that work. The authors were able to produce their own clean-room PC BIOS with zero human involvement in less than an hour. Currently both of these are treated as being legally equivalent.