Its not about moats, it's about open source community (whose code had been trained on) coming out with pitchforks. It has nothing to do with moats.
You are way overselling coding agents.
Re-creating some open source project with a similar function is literally the only way a coding agent can pretend to be a programmer.
I tried latest models for code and they are in fact capable of shitting out a thousand lines of working code at a time, which obviously can only be obtained via plagiarism since they are also incapable of writing the most trivial code for a novel situation. And the neat thing about plagiarism is that once you start you can keep going since there's more of compatible code where it came from.
So, the judge says:
And what is that supposed to ever look like? Do authors need a better developed record of effects of movies on book sales, to get paid for movie adaptations, too?