First, these code language models are best at the utilitarian aspects of programming and worst at the expressive aspects. At this point Copilot is going lead you down pretty awful paths towards organizing and structuring your code.
Second, when these language models improve to the point where they can assist in organizing and structuring code, this is where a given individual will be most prone to disagreeing with the model and having individual preferences for data types and whatnot!
Third, language models work best when they copy all works indiscriminately. Copyright is an individual right granted to a human author. Infringements are against specific human author's rights to their specific individual works, not all human authors and their unrealized collective works! The courts might find that the language models are not infringements but that individuals who USE these tools can indeed be found infringing on specific works! This would mean that these tools are putting the liability entirely on the user of the tools. I would expect that having these tools notify users that they are likely in violation of some kind of copyright claim would be very useful, a sort of "fingerprinting" of the abstract individual expressions of code structuring. This would probably expand on the growing notion of prior art in copyright and probably expose a lot of coincidental, "clean" patterns that should not be covered by copyright due to the frequency at which people tend to express in that given manner... like, the Factory Pattern or something like that.
