For this scenario, how is using Co-Pilot generated code different from using code based on sample code, Stack Overflow answers, etc.?
My point is: when I'm copying code from a source with an explicit license, I know whether I'm allowed to copy it. If I pick code from co-pilot, I have no idea (until tested by law in my jurisdiction) whether said code is public domain, AGPL, proprietary, infringing on some company's copyright.
[1] https://stackoverflow.com/legal/terms-of-service#licensing
I have recommended as such to the CTO and other senior engineers at the startup I work at, pending some clear legal guidance about the specific licensing.
My casual read of Copilot suggests that certain outputs would be clear and visible derivatives of GPL code, which would be _very bad_ in court- probably? Some other company can have fun in court and make case law. We have stuff to build.
By the way, code generated by Github co-pilot is likely incompatible with Microsoft's Contribution License Agreement [1]: "You represent that each of Your Submission is entirely Your original work".
This means that, for most open-source projects, code generated by Github co-pilot is, right now, NOT acceptable in the project.
[1] https://opensource.microsoft.com/pdf/microsoft-contribution-...