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Re:Analyzing the legal implications of GitHub Copilot by ipaddr on Thursday July 15, 2021 @01:35PM (#27847409)
That's moving the goalposts after the fact.

What about all of the code that existed before Microsoft purchased them and before new licease language was introduced?

Re:Analyzing the legal implications of GitHub Copilot by lindenksv85 on Thursday July 15, 2021 @02:04PM (#27847920)
All of these terms of service have an assignment provision that allows the provider to assign the agreement to an acquirer. So the license you gave to GitHub moves to Microsoft (though here the license likely remains with GitHub because they are an independent subsidiary). All of these agreements also say they can unilaterally change terms whenever. The terms are generally always broad enough to cover these circumstances.
Re:Analyzing the legal implications of GitHub Copilot by mikeryan on Thursday July 15, 2021 @01:37PM (#27847455)
TOS language is usually not grandfathered in.