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I've produced a few pieces of software that has user generated content as a feature and every lawyer I've used to draft the ToS has added provisions that gave my organization explicit rights that extend beyond whatever other licensing may be applicable. Both in being able to improve our own features or create new ones with that content and other rights that would indemnify us from a wide range of legal issues.

I'm curious to see how this will be litigated because of that. The difference here seems to be how publicly Copilot's use of user generated content has been, the wide range of licensing that content falls under and the fact this is an entirely new product produced by a third party with a partnership versus a 1st party tool.




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