The majority of public repositories on Github aren't "open source" - there's no associated license that grants you any right to use or modify the code. Copilot is trained on them regardless.
> there will not be derivative works of closed source at least from a copilot use case point of view.
which is inaccurate, since many public repositories on Github aren't open source and ended up in Copilot's training corpus anyway.
Because I'm pretty sure it doesn't. Section D4:
> This license does not grant GitHub the right to sell Your Content. It also does not grant GitHub the right to otherwise distribute or use Your Content outside of our provision of the Service...