I agree that having a reference compiler available is a huge caveat though. Even if we completely put training data leakage aside, they're developing against a programmatic checker for a spec that's already had millions of man hours put into it. This is an optimal scenario for agentic coding, but the vast majority of problems that people will want to tackle with agentic coding are not going to look like that.
I'd argue that no one would really care given it's GCC.
But if you worked for GiantSodaCo on their secret recipe under NDA, then create a new soda company 15 years later that tastes suspiciously similar to GiantSodaCo, you'd probably have legal issues. It would be hard to argue that you weren't using proprietary knowledge in that case.