This isn't as clear as most things we work on as engineers, but there's a spectrum:
* An algorithm (or person) ingesting lots of code and then later spitting out that same input, does not free anyone from the copyrights of the input.
* An algorithm (or person) that ingests lots of code, finds commonalities, synthesizes that into something new, and produces something well beyond mere copying is producing something new, likely without any legal tie to the original.
Right now, it looks like most of what co-pilot does is closer to the latter, but sometimes it does some things that are closer to the former? I can't see any reason why they wouldn't be able to fix it to avoid regurgitating its input, however, with something like a bloom filter, so I expect a long-term there's a way to do it that falls entirely within fair use?
* An algorithm (or person) ingesting lots of code and then later spitting out that same input, does not free anyone from the copyrights of the input.
* An algorithm (or person) that ingests lots of code, finds commonalities, synthesizes that into something new, and produces something well beyond mere copying is producing something new, likely without any legal tie to the original.
Right now, it looks like most of what co-pilot does is closer to the latter, but sometimes it does some things that are closer to the former? I can't see any reason why they wouldn't be able to fix it to avoid regurgitating its input, however, with something like a bloom filter, so I expect a long-term there's a way to do it that falls entirely within fair use?