That being said…I think this line of thinking is probably mostly a nothing-burger at this point. My experience is that anything sufficiently complicated that Copilot outputs is likely to be somewhat wrong.
I’ve only really found it to be (quite) useful for speeding up small things like if statements, switches/matching, short documentation etc, which I don’t think you can copyright anyways. I wonder to what degree we can expect customization options in the future to forbid any complex code from being generated, or to constrain Copilot to helping with specific whitelisted
Perhaps, extending that last thought, there’s an ideological argument to be made that code that is so simple an AI can generate it isn’t worthy of being protected under copyright law anyways. I don’t know.