the real issue is that the Thaler case was a different question: "Can AI be an author?" and the lower Court said no and SCOTUS left it along. But the question of "what is enough for the human to be the author" wasn't even part of the case. That is completely own checked.
Logically, I think there's a big difference between code which was produced from a simple generic prompt without other input vs code which was produced from a multiple complex prompts with large existing code as input.
When I'm feeding AI my code as input and it ends up producing new code which adheres to my architecture, my coding style and my detailed technical requirements, the copyright over the output should be mine since the code looks exactly like what I would have produced by hand, there is no creative input from the AI. It's just a code completion tool to save time.
I understand if someone leaves an LLM running as an agent for multiple days and it produces a whole bunch of code, then it's a very different process.