Copilot is actually not trained just on GitHub data, and the model is owned by OpenAI, not Microsoft. It relies on fair use, not any particular terms of service.
GitHub Copilot is powered by OpenAI Codex, a new AI system created by OpenAI. It has been trained on a selection of English language and source code from publicly available sources, including code in public repositories on GitHub.
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Copilot is actually not trained just on GitHub data, and the model is owned by OpenAI, not Microsoft. It relies on fair use, not any particular terms of service.
source: the faq at the bottom of https://copilot.github.com/
GitHub Copilot is powered by OpenAI Codex, a new AI system created by OpenAI. It has been trained on a selection of English language and source code from publicly available sources, including code in public repositories on GitHub.