It seems pretty clear to me that this means they're allowed to use private repos to train copilot, etc.
I wonder if any researchers have tried putting fingerprinted source code into a private repo, and then (after it is retrained) getting copilot to suggest stuff that could only have come from the injected supposedly-private source code.
That would make a nice paper. I hope someone does it.
Maybe we have different definitions of the term "aggregated"?
This suggests to me that GitHub need to extend that text to explain what they mean by "aggregated".
I think GitHub need to clarify this themselves.
Whether that would hold up is another question. But yeah, I agree with the conclusion that they need to clarify this.
The clause seems to mean “we can do whatever we want with your data as long as we violate many people’s privacy at scale at the same time”.
Definitely needs clarification, though somehow I suspect this is all by design.
GitHub aggregates metadata and parses content patterns for the purposes of delivering generalized insights within the product. It uses data from public repositories, and also uses metadata and aggregate data from private repositories when a repository's owner has chosen to share the data with GitHub by enabling the dependency graph. If you enable the dependency graph for a private repository, then GitHub will perform read-only analysis of that specific private repository.
If you enable data use for a private repository, we will continue to treat your private data, source code, or trade secrets as confidential and private consistent with our Terms of Service. The information we learn only comes from aggregated data. For more information, see "Managing data use settings for your private repository."