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.