Looks like you can't distribute a modified version of the project (e.g. a fork), but it wouldn't stop anyone contributing to or distributing a separate project that users could run locally to patch duckstation's build process where they can now build it on and for their own machines.
A build patch wouldn't contain any copyrighted material, so anyone could contribute and distribute it.
Ironic considering that's how many emulator get around legal issues. Emulators distribute virtual machines, but they don't distribute the copyrighted material.
The first problem is they're letting AI touch their code.
The second problem is they're relying on a human to pick up changes in moved code while using git's built-in diff tools. There's a whole bunch of studies that show how git's diff algorithms are terrible, and how swapping to newer diff algos improves things considerably.
TL;DR on the studies:
There's also a bunch of alternative diff algos you can use, but the best ones are paid, and the free ones have fewer features. See: