But that isn't a reason to not build them, and in this case, the effort is to repair an already broken system that has been subverted. If creatively deconstructing it isn't an option, we have to add more "features" and this case the added constraint of functioning code.
We can disagree all day what functioning code means, but the goal is worthy and should be explored.
How we apply policy that meets the intended goals and isn't gamed is the problem for law makers. Good thing we have spirit as a backstop and not just letter. A certain hedge fund and a billion dollars in AI and civilization could collapse.
Right now, the inmates are running the patent system, if we value everyone's ability to participate in innovation, we need a way to reduce BS patents and make them intrinsically more valuable as a form of knowledge transfer.