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by JamesSwift 1749 days ago
I would assume github could supercede your license by putting its own claim to your code in the TOS. I doubt they have done that, but just pointing it out.
1 comments

I don’t think that’s possible, as long as you don’t actively accept that. Nobody can claim your copyright without your approval.

It would be also the end of GitHub, as most users probably won’t accept such terms.

According to many people familiar with the legal aspect training on code constitutes fair use, so can't be prevented by any kind of license.
Training, exactly. But the trained person or AI is not allowed to reproduce your exact code. But Copilot seems to do that from time to time.
Sure they can, search engines produce copyrighted material all the time. The issue comes in when people think this somehow indemnifies them as users of Copilot - my guess is, it doesn't protect you any more than if you use a search engine to copy an entire codebase for your own purposes.
I dont disagree with users not accepting the terms, just pointing out that license text doesn't trump everything.