I rephrased the question. The instruction set may be copyrightable, but as in Google v. Oracle, we don't have to answer that question. Even if an instruction set is copyrightable, then under Google, it is probably fair use to copy it for interoperability purposes (e.g., making a compatible processor or emulator). For the actual binary encoding of instructions, there is even less of an argument for copyright protection because the encoding is purely functional.