[saurik]

Whether or not I agree with your interpretation of that clause (I am choosing not to analyze that too deeply), the vast majority of my code isn't on GitHub because I uploaded it there... it is on GitHub because it was open source and someone else--someone who uses GitHub to manage their projects--uploaded it, whether as a mere fork or as a legitimately derived work. If you were right, and this did matter to their legality, this would thereby mean 1) that Copilot's database is already tainted and 2) that I guess GitHub isn't actually capable of being used to host GPL projects at all (which I doubt is the intention).

[tducasse]

Yeah this case is interesting actually, I had never thought of a legitimate derivative landing on github, not something the original author intended to happen...

My guess is that you're right and it does mean 1) and 2), but again, it's probably a matter of interpretation and actual ruling on the matter.