anyone sensible should stay the hell away from copilot until the fair use question is settled
https://github.com/customer-terms/github-copilot-product-spe...
4. Defense of Third Party Claims. If your Agreement provides for the defense of third party claims, that provision will apply to your use of GitHub Copilot. Notwithstanding any other language in your Agreement, any GitHub defense obligations related to your use of GitHub Copilot do not apply if (i) the claim is based on Code that differs from a Suggestion provided by GitHub Copilot, or (ii) you have not enabled all filtering features available in GitHub Copilot.
> If your Agreement provides for the defense of third party claims
do any of them?
it also states:
> You retain all responsibility for Your Code, including Suggestions you include in Your Code or reference to develop Your Code. It is entirely your decision whether to use Suggestions generated by GitHub Copilot. If you use Suggestions, GitHub strongly recommends that you have reasonable policies and practices in place designed to prevent the use of a Suggestion in a way that may violate the rights of others. This includes, but is not limited to, using all filtering features available in GitHub Copilot.
(contra proferentem would apply though)
