There is no clean room implementation of a discrete title that would not run afoul of Western copyright and trademark law. If you want to release Super Mario 64, as it was made, you will not have a free license to do so until it enters the public domain. You can release Supra Wario 63, with all it’s not quite the same assets, and argue that you can get away with it. The value of these projects is not the licensing.
Now, worse? This scenario would actually be improved if the AI were to do the whole implementation? Because it would apply a FOSS license where a human could not? This is nonsensical.
There is no clean room implementation of a discrete title that would not run afoul of Western copyright and trademark law. If you want to release Super Mario 64, as it was made, you will not have a free license to do so until it enters the public domain. You can release Supra Wario 63, with all it’s not quite the same assets, and argue that you can get away with it. The value of these projects is not the licensing.
Now, worse? This scenario would actually be improved if the AI were to do the whole implementation? Because it would apply a FOSS license where a human could not? This is nonsensical.