I'm sorry that I was not making points that support your feelings on Copilot. I was purely discussing the legality of the models themselves, which is what the commenter I was responding to was worried about.
But sure, let's talk about outputs as well. From the second source we can see this from Tyler Ochoa:
"If there's only one good way to do it, OK, then that's probably not eligible for copyright. But chances are that there's just a lot of code in [the training data] that has used the same open source solution, and that the output is going to look very similar to that. And that's just copying."
I have seen some probable copyright violations from the output of Copilot, such as comments and some certain structural similarities that might be protected, although it is hard to say. But focus on the first part of what Mr. Ochoa is saying here, which is also laid out in this quote:
“In computer programs, concerns for efficiency may limit the possible ways to achieve a particular function, making a particular expression necessary to achieving the idea. In this case, the expression is not protected by copyright."
https://en.wikipedia.org/wiki/Abstraction-Filtration-Compari...
This allows for verbatim copies if they are utilitarian in nature!
As for why we should allow verbatim copies of utilitarian features... First, let's preface this with the substantial similarity of the structure, sequence and organization as established in Whelan v. Jaslow which amongst other things says that you cannot merely change the variable names if the expressive structure of the code remains the same. Now let's imagine 10,000 software developers who all implement Dijkstra's algorithm in C and then run it through clang-format. Aside from variable names, isn't it safe to assume that many of the implementations are going to be exactly the same?
As for why it was carefully selected... more often than not when I bring these things up people who feel upset about Copilot go off to cherry-pick some random quote out of context in order to support their upset feelings. Therefore I'm highlighting the important parts as to help people look beyond their upset feelings.
This is a complicated and nuanced matter. Attempting to channel everything through the lens of "this makes me personally feel bad and must be completely wrong" does not help the discourse. It may make you popular to a certain crowd but it might be unpopular to the public at large and it might also be incoherent from a legal standpoint, akin to bashing your head against a wall at a weekly meetup of the local heads-bashing-against-walls club.
There is plenty of room for discussion on what constitutes not only the legal interpretation of fair use and the idea/expression dichotomy but also the bigger picture. The knife always cuts both ways. Would it be acceptable to the open-source community if Microsoft could stop anyone from publishing Dijkstra's algorithm in C# because they wrote it first?