[jhugo]

> At least one IP lawyer strongly disagrees, suggesting anything you host on GitHub is fair game [1].

The question is whether Copilot's users can use the regurgitated code without following the license terms, not whether Copilot was allowed to train their model on it. I agree it's likely fine for them to train the model, but the use of Copilot would seem to be a legal minefield.

A little thought makes it clear that an affirmative answer would be absurd. This would mean that using a simple tool (let's say `cat`) to make a copy of some code and subsequently ignoring its license terms is infringement, but if the software used to make the copy is more complex (or perhaps if it has the "AI" label stuck to it!) the same actions are not infringement.