Maybe its time for Creative Commons License to address this. I'm curious if No-Derivative would already prohibit this? Does the ND language need tweaking? Or do they need a whole new clause.

Edit: I guess they do address it in their faq and I'd summarize it "Depends if copyright law applies and depends if it's considered derivative". https://creativecommons.org/faq/#artificial-intelligence-and...

Not for GitHub -- users who upload their code accept GitHub's license agreements which allows it to use it in many different ways, including Copilot. Kind of how when you create a Robinhood account you agree to arbitration and can't sue them.