It's extremist to take the fact that you CAN get plagiaristic output and to conclude that all other output is somehow tainted. You personally CAN quote copyrighted music and screenplays. If you're an artist then you also CAN produce copyright violating works. None of these facts taint any of the other things that you produce that are not copyright or plagiarized. In this situation, and in the current legal environment, the responsibility to not produce illegal and unlicensed code is on the human. The fact that the tool that they use has the capability to break the law does not mean that everything generated by it is tainted. Photoshop can be used to plagiarize and violate copyright too. It would be just as absurd to declare all images created with Photoshop are somehow suspect or unusable because of the capability of the tool to violate copyright laws. The fact that AI can, when specifically prompted, produce memorized segments of the training data has essentially no legal weight in any of the cases where it has been argued. It is a fact that is of interest to scientists who study how AI represent knowledge internally and not any kind of foundation for a legal argument against the use of AI.