[okennedy]

Even if this were the situation, and the owner of the 2nd repository were the one at fault, CoPilot can't point to the specific repository it "learned" the code from to absolve itself. If a human said, of sufficiently complex and virtually identical code, that they had made it independently, they'd be laughed out of a courtroom. In situations like this, the provenance of a generated idea (explainability) is needed to preserve trust.