[naikrovek]

I would say they've used code they host to train an AI and they charge for a fraction the GPU time required to train and customize their model. they're selling you their model, not the code it produces.

if this is indeed how they charge for Copilot, and I don't know if it is or is not, then they will need to show that they have done their due diligence in making sure that code is not reproduced verbatim when a user requests that it not reproduce code verbatim.

I'm quite sure that GitHub can defend Copilot in court. That's part of the process of offering a new feature to customers; making sure that it is legal and defensible to do so.

All of the armchair attorneys here who think they know better than GitHub's attorneys when operation of the service puts GitHub's ass on the line is ... I wish I had 1 percent of that confidence. I would be a thousand times more confident than I am now.