> 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.
I think it's pretty clear. If you're not filtering, you're liable. If you are and something transpires, they'll fight your legal battle for you which is probably better than any monetary indemnity clause. I assume this is for enterprise users where it actually matters.
Looks like this code in https://github.com/ChRis6/circuit-simulation/blob/2e45c7db01... is older then the GPL code in question or provided by the example. Uh oh, did we discover something? Who actually owns this code because this code predates the code in question by a calendar year using git blame, by a different author, and with no license attached to the oldest code. Is it possible the code in the codeium.com example is relicensed and not GPL code at all?
> 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)