[ralph84]

"You might get sued if you use this software you paid for" is already covered via an indemnification clause in any reasonable enterprise software license agreement. I'm sure Microsoft/GitHub will be no different in indemnifying their customers who purchase Copilot.

[paulryanrogers]

> You are responsible for the code you write with GitHub Copilot’s help. We recommend that you carefully test, review, and vet the code before pushing it to production, as you would with any code you write that incorporates material you did not independently originate.

Looks like Microsoft says burden is on CoPilot users to 'vet' the code.

[ralph84]

That's them saying you can't sue them if the code Copilot suggested doesn't work.

Regarding someone else suing you because you used Copilot, their terms say:

> GitHub will defend Customer against any claim brought by an unaffiliated third party to the extent it alleges Customer’s authorized use of the Service infringes a copyright, patent, or trademark or misappropriates a trade secret of an unaffiliated third party.

[int_19h]

For CoPilot, the "use" would be asking it to give you completions, not shipping the product that contains those completions.

Also, the ToS for "additional products", which specifically covers CoPilot, has this to say:

"The code, functions, and other output returned to you by GitHub Copilot are called “Suggestions.” GitHub does not claim any rights in Suggestions, and you retain ownership of and responsibility for Your Code, including Suggestions you include in Your Code."