From what I can tell, his argument seems to be that

1. no code was manually copied by a developer, and

2. all software in the same space copies off of each other

But the big giveaway here is the exact same layout/copywriting on both products. Telling an LLM "write this product and build a 1:1 clone" is still copying by all sensible definitions. The fact that he argues nothing was copied is ridiculous.