"GitHub Copilot is a code synthesizer, not a search engine: the vast majority of the code that it suggests is uniquely generated and has never been seen before. We found that about 0.1% of the time, the suggestion may contain some snippets that are verbatim from the training set. Here is an in-depth study[1] on the model’s behavior. Many of these cases happen when you don’t provide sufficient context (in particular, when editing an empty file), or when there is a common, perhaps even universal, solution to the problem. We are building an origin tracker to help detect the rare instances of code that is repeated from the training set, to help you make good real-time decisions about GitHub Copilot’s suggestions."
I think talking about exact text matches to existing code is a red herring. If you took GPL code and ran it through an obfuscator that changed every byte of the code to new code, that resulting code would be derivative and would need to be licensed under GPL too.
Thank you Microsoft for ushering in a new era of free software.