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Without having read it, I’d be willing to bet that the Copilot EULA requires users to agree not to sue Microsoft for any of their copyrights that might have been infringed. Personally, I think anybody who has a project on Github – especially one with a copyleft license – shouldn’t touch Copilot with a ten-foot pole in order to preserve all their legal options.
Interestingly, OpenAI claims they will shoulder any legal burden resulting from copyright infringement their products enable. I guess they feel they’re on sturdy enough ground and want to use their resources to ensure precedent is set