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A possible response that I'd predict from GitHub would be to attribute much/all of the responsibility to the user. The argument would be along the lines of: yo

• WithinReason 4y ago
  Relevant parts from the Copilot FAQ (https://github.com/features/copilot/ https://github.com/features/copilot/): Does GitHub own the code generated by GitHub Copilot? GitHub Copilot is a tool, like a compiler or a pen. GitHub does not own the suggestions GitHub Copilot generates. The code you write with GitHub Copilot’s help belongs to you, and you are responsible for it. We recommend that you carefully test, review, and vet the code before pushing it to production, as you would with any code you write that incorporates material you did not independently originate. Does GitHub Copilot recite code from the training set? The vast majority of the code that GitHub Copilot suggests has never been seen before. Our latest internal research shows that about 1% of the time, a suggestion may contain some code snippets longer than ~150 characters that matches the training set. Previous research showed that many of these cases happen when GitHub Copilot is unable to glean sufficient context from the code you are writing, or when there is a common, perhaps even universal, solution to the problem.