Analyzing the legal implications of GitHub Copilot
“If you look at the GitHub Terms of Service, no matter what license you use, you give GitHub the right to host your code and to use your code to improve their products and features,” Downing says. “So with respect to code that’s already on GitHub, I think the answer to the question of copyright infringement is fairly straightforward.”I don't know if it's really that straightforward.  The TOS includes snippets like this in that area:"This license does not grant GitHub the right to sell Your Content. It also does not grant GitHub the right to otherwise distribute or use Your Content outside of our provision of the Service"I'm omitting other language, but if you read that area of the TOS, they seem to have purposefully scoped down their license-to-use for hosting, backups, etc.