github-copilot-product-specific-terms

Only so long as you have the guardrails enabled. One of the guardrails being that copilot will not output any code that exists in any github repo. We tested copilot with those guardrails enabled and it completely lobotomizes it. This by the way is not a change. They already had this “Microsoft will assume liability if you get sued” clause in Copilot Product Specific Terms: https://github.com/customer-terms/github-copilot-product-spe...

Further links: Under Privacy-General : https://github.com/features/copilot No. 4 : https://github.com/customer-terms/github-copilot-product-spe...

Looks like they do. https://github.com/customer-terms/github-copilot-product-spe... 4. Defense of Third Party Claims. If your Agreement provides for the defense of third party claims, that provision will apply to your use of GitHub Copilot. Notwithstanding any other language in your Agreement, any GitHub defense obligations related to your use of GitHub Copilot do not apply if (i) the claim is based on Code that differs from a Suggestion provided by GitHub Copilot, or (ii) you have not enabled all filtering features available in GitHub Copilot.

I can see the GitHub Copilot controversy being resolved in this way. If Microsoft, GitHub, and OpenAI successfully use the fair use defense for Copilot's appropriation of proprietary and incompatibly licensed code, then a free and open source alternative to Copilot can be trained on Copilot's outputs. After all, the GitHub Copilot Product Specific Terms say: > 2. Ownership of Suggestions and Your Code > GitHub does not claim any ownership rights in Suggestions. You retain ownership of Your Code. https://github.com/customer-terms/github-copilot-product-spe...

Someone asked me to pay for a team subscription for Copilot. As I'm CTO (and thus legally responsible for those agreements that you normally just click through); I read the terms of service, and they do not actually grant license to the code. They say in very clear terms: YOU ARE RESPONSIBLE FOR TAKING SUGGESTIONS. So, as I don't want to encourage people to think that they can simply copy over copilot solutions I decided against buying access to it, even though I am quite certain it would have boosted developer productivity. (and goodwill, people like shiny!). I was also a little concerned because it is additionally the case that a AI is confidently incorrect sometimes, so there are suggestions that have subtle and hard to see bugs. I really don't really want to hear that a bug is caused by AI, since from my perspective the whole point of

Copilot for Business includes an $500k indemnity if you turn on excluding suggestions that match open source code https://github.com/customer-terms/github-copilot-product-spe...

"Notwithstanding any other language in your Agreement, GitHub will defend you against any claim by an unaffiliated third-party that your use of GitHub Copilot misappropriated a trade secret or directly infringes a patent, copyright, trademark, or other intellectual property right of a third party, up to the greater of $500,000.00 USD or the total amount paid to GitHub for the use of GitHub Copilot during the 12 months preceding the claim." From here: https://github.com/customer-terms/github-copilot-product-spe...