To be honest, given the amount of heat the topic of AI usage tends to generate, I plan to always mark my games as AI regardless of actual AI usage, just to avoid those pitfalls.
I think this is a good strategy for most developers, since people who care deeply about the 'AI purity' will find a flaw anyways (just about any graphical editor more powerful than MS Paint has some AI elements for example). So ultimately the 'AI-pure' niche will become self-contained, while the rest of us will have our freedom outside of it, and everybody will live happily thereafter :)