[ghoward]

The licenses that I am making implicitly acknowledge the argument that training an ML model is fair use.

However, GitHub said nothing about the output of the model being fair use. My license will say that the output of their model is under the same license as the input, which means they have restrictions if they want to distribute it (i.e., actually have people use Copilot).

I think this will work because it doesn't say that GitHub is wrong. Instead, it says that, even if GitHub is right, it doesn't matter.

It would also be very bad for GitHub to claim that the output of an algorithm can't be under the same license as the input because we feed licensed code to algorithms all the time and claim that their output is still under the same license. We call those algorithms "compilers" and the binary code they produce is still copyrighted and licensed.