Personally I use common sense to determine if something is utilitarian in nature. The real issue is with the “overall shape”, like, class structure, specific data types, etc, which is somewhat arbitrary in nature.

At this point Copilot is awful at this higher-order level of abstraction but I can see a time where this is not the case!

Microsoft will have to put more work into filtering out responses that are indeed copyright violations if they want people to use their tools.

I doubt that MS will ever be held liable for the violations themselves as there is precedent in themselves and their legal department has plenty of cash to burn.