what's the difference between allowing you to search github and find a code snippet, and having a fancy autocomplete system search github and find a code snippet for you?
seems to me anyone agreeing to the ToS should expect their code to show up on other peoples screens as search results
really the question is a matter of degree, is copying your nested for-loop iterating through a row oriented matrix really a unique piece of code protected by copyright? Or does the copyright apply to the file you've written as a whole, leaving room for me to accidentally use words in the same order? clearly there is a tipping point between writing code that looks like yours and using the code you've written outside the terms of your license, we will have to wait for courts to decide where that line is for all ML, not just co-pilot
also copying is not theft