Earlier quoted context omitted.
But is it illegal for AI to provide the said assistance ? That, I believe, is the bigger question.
when you put your code on GitHub.com, you grant GitHub the right to show that code to others. https://docs.github.com/en/site-policy/github-terms/github-t... this is separate from the license you specify in the repository and you can't revoke it without removing your code from github.com.
>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.
>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
I would say they would have a pretty hard time to justify using the content for AI training (and selling) based on that license. Copilot didn't exist at the time when many agreed to that license, so an argument saying Copilot is part of the service would be difficult to pull off. Moreover they don't even provide copilot to people hosting on GitHub.
Note that MS themselves are not claiming that they are allowed to use the code due to their terms of service. They claim they can do it due to fair use.