Somebody has to do it. Someone ready to take one for the team (or better yet, already skilled in software piracy, so that it's not a big deal for them). Then, if this argument holds, everyone gets the result in public domain.
As I see it, the argument presented in this post essentially makes Copilot to be an universal copyright laundering machine. Not just for code, but for anything that can be represented digitally.
Obviously this won't stand. While I can see Github ending up protected from all liability, the only way for this to not kill copyright is for the users of Copilot to become at risk of copyright infringement. Which kills the whole value proposition of Copilot.
Best I can think of in terms of real value delivered, is helping people with first drafts, breaking through the "staring at an empty page" problem. But even with this, I feel it's too risky compared to doing a StackOverflow search, where you can at least see some explanations, discussions, and other relevant context.
It's definitely an interesting vision demonstrator - despite not being quite there, it lets us see that a tool like this that actually worked well (in terms of generating correct, explainable, license-respecting code) would be very useful.
But the model has on average just 1 regurgitation in 10 weeks per user, so you can just discard all of them.
> The GitHub Copilot collects activity from the user’s Visual Studio Code editor, tied to a timestamp, and metadata.
[...]
> This data will only be used by GitHub for:
[...]
> - Improving the underlying code generation models, e.g. by providing positive and negative examples (but always so that your private code is not used as input to suggest code for other users of GitHub Copilot)
I'm inclined to believe this. After all, why would they taint the training data with code from a random guy who is asking for help when they have more than a hundred thousand repos with 100+ stars?
[0] [https://docs.github.com/en/github/copilot/about-github-copil...]
I've had previous employers that were highly concerned about far more innocuous data leaking to competitors, e.g. autocomplete search terms. This means that a Copilot installation at any company that competes (or might compete) with MS should be considered a security breach, IMO. Given Microsoft's presence in so many markets, in general I think it would be foolish to risk this at any company.