True, the contrast here would be e.g. copyright law as usually found in EU states, where the are actual, enumerated lists of exceptions to copyright. Fair deali

True, the contrast here would be e.g. copyright law as usually found in EU states, where the are actual, enumerated lists of exceptions to copyright. Fair dealing as used by some former UK colonies seems more similar to the EU approach than US fair use doctrine. "Training of ML models with data not licensed to you and then selling the output of the model" isn't on those lists, and consequently is a flagrant copyright violation in - broadly - the entire EU. If you are a developer in the EU using Copilot, it is really pretty obvious that using Copilot is a commercialized copyright violation, which is e.g. in Germany (but I'm guessing many other states) a criminal offense, not a civil offense. Now, people might say, they're paying Microsoft for this service, and that's not in the EU, so something something can't prosecute. Of course, that doesn't actually work in the real world, and this corner of prosecuting copyright violations has been extremely well explored during the many, many trials of people committing IP violations of music and films over the past few decades. In addition to that, I'm pretty sure routine copyright violations by an employed developer would be one of the more clear-cut reasons for a termination without notice and compensation for having to replace the affected code.