With the way the courts seem to judge LLM outputs, I don't think that's an issue as long as it's provable that the code was shat out by an LLM.
Of course Microsoft could still claim that someone used a leaked Windows build as the source so any LLM use would be a ticking time bomb.
Is this defense even viable if the Windows XP source code has been leaked and openly shared online, and you can find many copies of it on GitHub?
That creates a loop hole. Take code, feed LLM and let it spew it again - voilà - you have perfectly legal code. Just fix bugs