In spirit? ... Probably?
Unlike most LLMs, Github copilot can trivially solve their copyright problem by just using only code they have the right to reproduce.
They have a giant corpus of code tagged with license, SELECT BY license MIT/Equivalent and you're done, problem solved because those licenses explicitly grant permission for this kind of reuse.
(It's still not very cash money to take open source work for commercial gain without paying the original authors, and there's a humorous question if MIT-copilot would need to come with a multi-gigabyte attribution file, but everyone widely agrees it's legal and permitted.)
The only reason you'd hack a filter on top rather than doing the above is if you'd want to hide the copyright problem. It's an objectively worse solution.