The Transistor and the Process are machines that do whatever Jaune wants. They are as moral as he wishes them to be, and pretend at emotional states to fill their role for Jaunes desires. Oddly enough, Jaune probably has a better grasp on that than we do, because he doesn't anthropomorphize them as much. Partly due to coding them and partly due to soul bias.
I think this is the case, to a degree. I also think that it isn't a good thing, for the story. Going back and rereading the transistor's characterization and seeing it express emotions but then going "well yes, but actually no, it didn't feel any of that and none of it's characterization matters since it will always change to Jaune's whims without complaint" really just, sucks. It doesn't feel good, and it doesn't help the story - all it does is solve this philosophical debate. And, quite frankly, if Jaune suddenly started kicking puppies I feel like the transistor's human emulator might have had some complaints before it capitulated, even if it followed Jaune anyway, if for no other reason than because doing so would be
bad for Jaune in the end, if it got discovered.
Personally, I'm choosing to think of it like the question of whether viruses are alive or not. By our definitions, no they aren't, but our definitions are fairly arbitrary. A theoretical alien race might define life as any self-propagating pattern of atoms, and their definition wouldn't be more or less wrong than ours, but by that definition viruses are alive.
Similarly, sapience is an arbitrary divide and the transistor might fit it by some definitions. In fact, it sounds like it isn't by remnant humanity's definition, but reasonably could be by ours, so we are the theoretical aliens. But for both viruses and the transistor, they are simultaneously more similar to the other side - life or sapience - than to the side they've been put on, while also lacking distinct and important qualities that make them similar enough to properly behave like living or sapient things.
Drawing a hard line between sapience and non-sapience and treating it as a binary is illogical, because it's really a gradient. The transistor, for the sake of the story, should really be functionally a character, and so it has to be somewhat sapient, and we're probably going to treat it that way no matter what. But it's also not a proper, healthy, independently-functioning being, so both it and others don't think it's really up to the same degree of "real" as a person.
Tl;dr, the transistor is real-ish enough that whether it gets a soul or not we're going to treat it like a person, so most of this philosophical argument is moot. The real deal here is mostly just whether a soul would be good for the transistor, and we'll figure that out probably when we get to level 5+ in both colors of ???.
Honestly, the topic I really want to consider is how Penny (or maybe Pietto) is going to react and behave if we give the transistor a soul. Will they want us to upgrade Penny into independent, real-soulitude? Would that even be possible? We might want to share some robot-gaining-soul insights if we do end up giving the transistor souls. Honestly, Penny is getting the short end of the stick in this, since she's being relegated to "not real" while also not having some magical asshole virus show her what it's like to be born. I wanna help her as much as we can.