

In broad terms this is already covered.
If you made an exact clone of Photoshop by hand you’d get sued into oblivion, and that would be effective because of the barrier to entry ( in time and resources ) you’d need to get to that point.
Meaning you’d be betting all that upfront effort/resource on the a major corporation either not caring, or not being able to mount a reasonable litigation strategy.
Not many actors would be willing to risk that.
The difference here is that the barrier is now much lower and it tangles up a whole bunch of other potential issues around the legality of vibe code.
Regardless of how it shakes out it will almost certainly be a set of rules that only really apply to the peasants.
"If the penalty for a crime is a fine, then that law only exists for the lower class.”




Are you confident enough to bet 6-12 months of dev time and resources(possibly lawyer consultation fees) on that assumption ? because up until recently that’s what someone would need to do to find out.
It might be fine, but the threat of litigation is a part of the deterrent.
As with all of these things, it’s region specific.
However, game mechanic patents and copyrights exists and are litigated regularly.