The way GitHub is acting here, it seems to be a case of "if no-one takes us to court and sticks through to the end, then we can do whatever the hell we want". aka "Most people complaining are just making noise".

CoPilot doesn't seem to be a terrible implementation, instead it seems to be relying on it operating in a grey area. So they're going for broke, to try and get wide enough adoption that it becomes a fait accompli.