When you join GitHub you accept their ToS which among many things gives them the rights to use your code for stuff like Copilot. Theoretically (although I'm not sure of this is the case, looks like no one does right now) Microsoft would have to change the way they handle code licenses in their training set if they were to use code hosted elsewhere, giving attribution to code from MIT licenses and not using AGPL code at all.
> When you join GitHub you accept their ToS which among many things gives them the rights to use your code for stuff like Copilot.
I get so many "our terms of service changed" emails and they link to a 30+ page document with not even a diff of what changed. I vaguely remember GitHub sending one out maybe in December 2019 but it linked directly to https://docs.github.com/en/site-policy/github-terms/github-t... and didn't even hint what was different so the only way you'd be able to know what changed is by re-reading every single word.
This is one of those things where you technically agree by continuing to use their service but no one can realistically be expected to read a 30+ page document for the 20 services they do every time a provider updates their terms without a diff. You'd be reading one of these at least once a week.
The email I got from GitHub also didn't include "pilot" anywhere in the body of the email and neither do their current terms of service, so now you need to be able to decipher whatever wording they use to translate back to "co-pilot". After all that I also have lots of emails from noreply@github.com and searching my inbox for emails from that with "terms" in the subject doesn't show anything related to co-pilot.
I'm not a lawyer but I can't imagine if you agree to the terms today but 3 months from now new terms have been added -- you don't passively start accepting those terms without an explicit action to say you do after you've been notified of the changes.
