OpenAI did train the model on GitHub repos. The next question is whether this was enabled by Microsoft's investment in / partnership with OpenAI. I suspect yes, but I haven't gone searching for this yet.
I guess it doesn't matter if they allowed OpenAI to do it or not because it seems other models were allowed to train off it too. I guess we should probably be giving kudos to GitHub and Microsoft for not trying to charge for access to this data.
