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Re:We've filed a lawsuit against GitHub Copilot by xigoi on Thursday November 03, 2022 @06:51PM (#33459060)
> You grant them a separate licence when you start using their service.

And that license explicitly states that it doesn't give them the right to sell your code.

Re:We've filed a lawsuit against GitHub Copilot by puffoflogic on Thursday November 03, 2022 @07:22PM (#33459350)
And it explicitly states that it does give them the right to share your code. Copilot isn't selling code; if it were, then GitHub wouldn't let you share the output of Copilot; that would destroy their market. That they allow you to share the output of Copilot with others proves that what they are selling is the service, not the output. The output is, at worst, "shared" code from Github's licensors.
Re:We've filed a lawsuit against GitHub Copilot by xigoi on Thursday November 03, 2022 @07:29PM (#33459423)
They're selling the service, which is a derivative work of the code.
Re:We've filed a lawsuit against GitHub Copilot by deanjones on Friday November 04, 2022 @03:14AM (#33463126)
Which is what the licence is granting them the right to do.