[jillesvangurp]

The actionable claims question is the hot question; the rest sort of is answered by that indirectly. It's mainly interesting from the point of view that a positive answer could cause commercial entities to ban the usage of co-pilot (and similar tools) in their organizations to avoid such claims. So, it could potentially be very damaging. Stackoverflow would be a nice example where people learn from each other where no doubt bits of IP from companies and OSS repositories gets mingled as well.

My impression is that these claims would not be actionable for a few simple reasons:

- The generated code is pretty small.

- The generated code is adapted to the context (i.e. not a vebatim copy).

- The generated code would be common to many repositories and not just one.

Because of all of the above, tracing any code fragment to a specific repository and then defending a claim would probably be very hard/impossible. Copyright is about the form of things and if it's not a verbatim copy of something really unique, it's hard to make the case for an infringement.