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GitHub's ToS expressly allows them to change the terms of their service at will, and they do indeed publish these changes, and your continued use of their websi

GitHub's ToS expressly allows them to change the terms of their service at will, and they do indeed publish these changes, and your continued use of their website is considered consent. Furthermore, as [0] states: > We may use your information to provide, administer, analyze, manage, and operate our Service. For example, we use your information for the following purposes: > ...Improve and develop our products and services including to develop new services or features, and conduct research... [0] https://docs.github.com/en/site-policy/privacy-policies/github-privacy-statement#how-github-uses-your-information https://docs.github.com/en/site-policy/privacy-policies/gith...

Retric 3y ago
They didn’t limit copilot to active users who therefore have implied consent to ToS changes. “Improving and developing products and services” doesn’t cover what they did. Which is why that line isn’t being brought up in the ongoing litigation. Further, at scale they are well aware users didn’t own the copyright to all uploaded data making their ToS insufficient shielding for this use. Which is why they aren’t even trying to suggest the ToS enabled this kind of use as that suggests it would be required and opens themselves to massive amounts of liability.