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From the linked terms of service:

> This license does not grant GitHub the right to sell Your Content. It also does not grant GitHub the right to otherwise distribute or use Your Content outside of our provision of the Service[...]

I imagine the crux of this case will be what constitutes "the Service", and whether that includes Copilot. Also whether licensing Copilot counts as selling Your Content.



GitHub provides the code free of charge, you pay for the GPU time to train the AI model, I would assume, since that is what costs GitHub money.




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