I think a lot of people are focusing too much on whether an AI could ever be creative or transformative or not (FWIW I'm convinced they can't). But it's not rel

I think a lot of people are focusing too much on whether an AI could ever be creative or transformative or not (FWIW I'm convinced they can't). But it's not relevant - a lazy human programmer could easily infringe by copying snippets of copyrighted code too. If anyone shows an example of co-pilot automatically producing something too closely resembling copyrighted code that's too significant to be fair use, you got a problem regardless of what technology got you there. If that lazy programmer "toils" away behind a corporate wall (sadly too likely), you might never know what he's up to. But you've put his "work" on display and let anyone on the internet record his behavior with this thing. At some point, co-pilot is going to be able to "suggest" something that's traceable and someone's going to sue. I think it will come down to whether what gets produced is copyrightable or fair use, not whether it was an AI or not that scraped and copied it.