[bilqis]

But will that actually be against ToS or copyright? Many people tend to say that copilot learning from OSS doesn’t infringe any copyright and is no different from a person just learning from someone else’s work. So how is it different if copilot is learning from private repositories? Or eg from leaked source code?

[circuit10]

Isn’t it illegal to learn from leaked source code? Or even to view it at all?

[alwaysbeconsing]

It is not, at least in the US. Distribution is illegal; possession may or may not be prosecuted; and if you read the code and provably reuse it or make use of trade secrets you could lose a lawsuit. But if you "somehow" have access and don't do anything associated with the code, the basic act of reading it carries no penalties.

[Timwi]

I fully expect the answer to this vary wildly from jurisdiction to jurisdiction.