Some of these questions are unfair. What case law, if any, did you rely on in Microsoft & GitHub's public claim, stated by GitHub's (then) CEO? Doesn't Google

Some of these questions are unfair. What case law, if any, did you rely on in Microsoft & GitHub's public claim, stated by GitHub's (then) CEO? Doesn't Google crawl the entire web? How is crawling code different? Copilot is essentially a more intelligent search engine. The only difference is that people want their websites to be searchable and rise to the top of Google they benefit from the increased traffic. Legally I don't see the difference. As Copilot gets more developed, it may become desirable to have your API at the top of Copilot just like search, and this can help drive traffic to FOSS projects. After all, why would a creator not want their FOSS project to be easier to find/use? why did you choose to only train Copilot's model on FOSS and not on Windows/Office? Code from Azure and tons of other Microsoft projects is in the training set. Windows and Office are not FOSS and not on GitHub. Obviously it would be a huge security risk to train on OS code. Can you provide a list of licenses, including names of copyright holders and/or names of Git repositories, that were in the training set used for Copilot? Again unfair; this is a gotcha type question. There's all kind of code on GitHub with so many different types of licenses. there's bound to be some gray areas and code that inadvertently made it's way into the model. No lawyer would ever expose themselves to that kind of liability. The bigger issues I see here are copilot is not free but uses free software and that understandably make FOSS community uncomfortable. However, the Copilot models are incredibly expensive to run interact and Microsoft has to cover the bill. Would it be unethical if Google charged you a monthly fee? Arguable not, because it does already in the form of ads. What Microsoft needs to do is have an opt-out standard like the robots.txt file or noindex meta tag. The problem with GitHub is, unlike websites on the web, not everyone uses Github public repos with the express purpose of having them be easily accessible to the public. Another issues is attribution of snippets is a nightmare, but one could argue that devs do with stackoverflow all the time.