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If Microsoft asserts and represents that their tool doesn’t generate copyright-infringing code, then surely Microsoft is the party which should be liable, rather than the poor unlucky programmer who was lied to by the billion-dollar corporation’s marketing agency?

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> surely Microsoft is the party which should be liable

unless microsoft is doing work-for-hire for you via copilot, i highly doubt they are liable.

You, as the person who is claiming to have produced the work (even though you were using a smart tool to help), must be the person who also is liable. Otherwise, could you not claim that the auto-correct on your word-processor is liable for copyright infringement?

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