You are missing the point entirely. LLMs regularly generate code that is a near verbatim copy of existing copyrighted code, but with almost no way for the LLM using person to notice that. LLMs being sufficiently transformative might be an argument about the use of training material, making the resulting model not a copyright violation itself, and thus might protect the companies that produce and offer these models, but it says nothing about the actual output of a model.
It is only a question of time before some enterprising law firm decides to mass scan open-source projects and weaponize their findings similar to patent trolls or file-sharing legal threats. This has a long history in Germany where Codeberg is located, and even if a court rules that the host itself is only responsible for removing such copyright violating code, it will require significant effort to do so with constant legal fights as the attacking lawyers will try to figure out the identity of the person responsible so that they can blackmail them with cease and desist legal fees.
Politics will not care about some hobbyist open-source projects and large companies will spend a lot of effort to obfuscate their code to prevent this legal trolling to affect them.