> > as necessary to provide the Service
I would consider Copilot to not be part of ”the Service”[1], but at least currently[2] the definition of ”the Service” is so vague as to include anything that Github does.
Maybe they consider Copilot to be a ”search index” and the suggestions ”[sharing] [Your Content] with other users”.
[1] Since, as I understand it, it will require separate payment.
[2] The ToS is currently last edited 2020-11-16, and does not contain the word ”Copilot”
Re:GitHub Copilot is not infringing copyright
by GoOnThenDoTell on Monday July 05, 2021 @05:26PM
(#27741971)
Not everyone who’s code ends up on GitHub has agreed to this set of terms
Re:GitHub Copilot is not infringing copyright
by progval on Monday July 05, 2021 @05:32PM
(#27742010)
See my answer to https://news.ycombinator.com/item?id=27741709
Re:GitHub Copilot is not infringing copyright
by TomVDB on Monday July 05, 2021 @04:53PM
(#27741709)
Does the GitHub ToS matter when I upload code that was written by somebody who doesn’t use GitHub?
Re:GitHub Copilot is not infringing copyright
by progval on Monday July 05, 2021 @05:07PM
(#27741827)
Then you would be the one infringing their copyright, and they could probably sue you.
Although I'm curious about what GitHub would do if the original author asked them to remove the work from Copilot. Retrain from scratch every month or so, to remove last month's DCMAed content?
and by the GitHub ToS:
> You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.
https://docs.github.com/en/github/site-policy/github-terms-o...