>“If you look at the GitHub Terms of Service, no matter what license you use, you give GitHub the right to host your code and to use your code to improve their

>“If you look at the GitHub Terms of Service, no matter what license you use, you give GitHub the right to host your code and to use your code to improve their products and features,” Downing says. “So with respect to code that’s already on GitHub, I think the answer to the question of copyright infringement is fairly straightforward.” Not as straightforward as they think thou. If a code project used (a)gpl code found elsewhere on the internet in their repo, and another user took the project and hosted it on github, the tos can not give github a license to use the code outside of the license given by (a)gpl, even if github thinks they have one, that won't shield them from legal liability, nor will it shield co-pilot users from being legally compelled to (a)gpl their code if a court case was won on those grounds. The github tos is basically a non-factor in this case.