[hvis]

> that code was also licensed to github for the purposes of indexing, analysis, and sharing with other github service users

Even if said code was licensed to Github for sharing with other users (e.g. displaying it when another user browses the page), that doesn't mean that the same permission is given to all other users under the same conditions. Or allows them extra liberties, like using said code for purposes other than "sharing with other github service users".

[randallsquared]

No argument, there! I'm pretty concerned about the consequences of using Copilot, legally. It all seems to turn on whether a judge or judges believe that a long sequence can be produced by "learning" rather than "copying". ¯\_(ツ)_/¯