[Datenstrom]

GitHub should not be sued for training on the data, but anyone using it should be liable for any copyright infringements it generates. That would effectively make it useless for business use cases, but it should be until the models understand copyright and plagiarism, which they do not yet.

[mewse]

If Microsoft asserts and represents that their tool doesn’t generate copyright-infringing code, then surely Microsoft is the party which should be liable, rather than the poor unlucky programmer who was lied to by the billion-dollar corporation’s marketing agency?

[chii]

> surely Microsoft is the party which should be liable

unless microsoft is doing work-for-hire for you via copilot, i highly doubt they are liable.

You, as the person who is claiming to have produced the work (even though you were using a smart tool to help), must be the person who also is liable. Otherwise, could you not claim that the auto-correct on your word-processor is liable for copyright infringement?