It is also true that in all the cases that I know about where that has occurred the courts have taken a very, very, very close look at the situation and taken extensive evidence to convince the court that there really wasn't any copying. It was anything but a "get out of jail free" card; it in fact was difficult and expensive, in proportion to the size of the works under question, to prove to the court's satisfaction that the two things really were independent. Moreover, in all the cases I know about, they weren't actually identical, just, really really close.

No rational court could possibly ever come to that conclusion if someone claimed a line-by-line copy of gcc was written by them, they must have independently come up with it. The probably of that is one out of ten to the "doesn't even remotely fit in this universe so forget about it". The bar to overcoming that is simply impossibly high, unlike two songs that happen to have similar harmonies and melodies, given the exponentially more constrained space of "simple song" as compared to a compiler suite.