I strongly disagree with this notion from even a conceptual (much less legal) level; the point of compilation is not to erase the algorithms the programmer implemented, just to optimize and implement them.
> You can compile a decomp into the same binary, but that's only to prove functional equivalence.
This is like saying that a translated book is only "functionally" identical to the original; there's a lot of precedent in copyright law for this not being the case, and I don't think any argument revolving around the transformativeness of the compilation process would fly at all.
Programs as written are nothing like programs as compiled, certainly not as an expressive endeavor. Books don't have an analog. There's no point where we strip all conceptual meaning from the book and leave only the procedural algorithms the semantics demand. There's no point where we replace all the individual words with autovectorized versions, or where we automatically delete impossible sentences, or remove every layer of abstraction that the programmer put in there exactly for the ability to convey ideas.