Which laws are considered in this case? I understand that fair use is a US concept. For example how does that apply to my projects, published and licensed by a European living in a European country? I would expect the majority of GitHub contributors to not be based in the US, so what laws should be considered?
> Except to the extent applicable law provides otherwise, this Agreement between you and GitHub and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and GitHub agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of San Francisco, California.
[0] https://docs.github.com/en/site-policy/github-terms/github-t...
The mechanisms limiting this are mostly about privacy. Not whether you can agree to adjudicate copyright or TOU in California
Some seem to assume there's some general "If it's American it's invalid" law in Europe. This is not the case. With the exception of specific laws, such as GDPR regarding privacy, this is a perfectly valid clause.
Which is what everyone is talking about here.
For criminal, there is only jurisdiction in Sweden if the crime happened in Sweden. I would need you to link me a case where Sweden criminally convicted someone for copyright infringement who wasn't Swedish and wasn't in Sweden.
For example, I am not Swedish and do not travel there. Sweden has no power to enforce its laws against me. No matter what I do, I shouldn't be able to be convicted of criminal copyright infringent in Sweden.
Additionally copyright infringement can be a criminal matter in my country and the Swedish prosecutors have certainly not signed these agreements.
CoPilot doesn't seem to be a terrible implementation, instead it seems to be relying on it operating in a grey area. So they're going for broke, to try and get wide enough adoption that it becomes a fait accompli.