[jacquesm]

I've fielded a couple of copyright lawsuits and won them, obviously the lawyers of the defendants thought they had an excellent case. I may not be a lawyer but I do know a thing or two about copyright law and as far as I'm concerned if you claim that you have created something because you took someone else's copyrighted content and pushed it through a machine of sorts that does not create an original work. There is plenty of settled caselaw around this. So that much we can establish off the bat. Which means if you use this to create your own copyrighted work you may have a problem anyway. Whether or not it is infringing or not is largely a matter of the length of the segment produced and whether or not it matches the original in some non-trivial way. The mechanism in the middle doesn't really matter.

If Microsoft/GitHub want to field the argument that they own the rights to all of the code uploaded to GitHub then I'm perfectly fine with that, the only problem I see with that defense is that it will likely kill GitHub overnight.

As for the jury argument: that's fine, but juries aren't lawyers either. I'm not sure if that should weigh as a positive or a negative for Microsoft.

Finally, regardless of the legality: there is such a thing as ethics and in my book you don't appropriate a large body of work from a whole community without so much as a by-your-leave. There have been other threads on HN regarding this and it is interesting to see the various opinions, even so if Copilot is challenged legally than I'll be cheering on the party bringing the suit.