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Re:Microsoft forked MIT licensed repo and changed the copyri... by 37ef_ced3 on Saturday December 25, 2021 @10:11AM (#29683875)
Microsoft owns GitHub and you accept their terms of service.

Copilot is trained on public GitHub repositories of any license: https://en.m.wikipedia.org/wiki/GitHub_Copilot#Technology

If they scrape your website, that's different.

Re:Microsoft forked MIT licensed repo and changed the copyri... by judge2020 on Saturday December 25, 2021 @10:20AM (#29683962)
If it's legally sound to do that, then it's legally sound to scrape code from Stack overflow as well. No special license is granted to GitHub to train CoPilot; the hosting license in the ToS[0] specifically doesn't allow its use outside of GitHub itself[1], so i'd argue that applies to running copilot in VSCode for code not destined for GitHub - and i'm sure MS's lawyers reviewed such a product launch.

0: https://docs.github.com/en/github/site-policy/github-terms-o...

1: > This license does not grant GitHub the right to .. otherwise distribute or use Your Content outside of our provision of the Service