If GitHub could guarantee that the code Copilot had ingested was only made with OSS licenses, then I don't see what the problem is. But as far as I understand, GitHub trained Copilot on any public repository on GitHub, meaning even if it doesn't have a license specified (so the user publishing it still has the copyright to it), then I don't see how it can be OK.
Here's an example: https://twitter.com/ChrisGr93091552/status/15397316329318031... > I checked if it had code I had written at my previous employer that has a license allowing its use only for free games and requiring attaching the license. yeah it does
It'd be much more interesting if he setup a function that was doing a similar thing but with different parameter types and names, and a different order of parameters (ie, like a real problem).