What happens when someone puts code up on GitHub with a license that says "This code may not be used for training a code generation model"? - Is GitHub actually going to pay any attention to that, or are they just going to ingest the code and thus violate its license anyway? - If they go ahead and violate the code's license, what are the legal repercussions for the resulting model? Can a model be "un-trained" from a…
By uploading your content to GitHub, you’ve granted them a license to use that content to “improve the Service over time”, as specified in the ToS[1]. That effectively “overrides” any license or term that you’ve specified for your repository, since you’ve already licensed the content to GitHub under different terms. Of course, people who are not GitHub are beholden to the terms you specify. [1] https://docs.github.co…
> We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, archive, parse, and display Your Content, and make incidental copies, as necessary to provide the Service, including improving the Service over time. This license includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users; and perform it, in case Your Content is something like music or video.
But, it goes on to say:
> 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, except that as part of the right to archive Your Content, GitHub may permit our partners to store and archive Your Content in public repositories in connection with the GitHub Arctic Code Vault and GitHub Archive Program.
I'm not a lawyer, but it seems ambiguous to me if this ToS is sufficient to cover CoPilot's butt in corner cases; I bet at least one lawyer is going to make some money trying to answer the question.