So how long till new software licenses that prohibit any use of code for model training purposes? I'd be willing to bet there's a significant group of people that won't be happy either its literal or not, the fact that it was used in the training might be enough.
The claim that most people training models make is that what they are doing is sufficiently transformative that it counts as fair use, and doesn't require a license. That means putting something in a software license that prohibits model training wouldn't do anything.
In this case, what the model is doing is clearly (to me as an non-lawyer) not transformative enough to count as fair use, but it's possible that the co-pilot folks will be able to fix this kind of thing with better output filtering.
Probably not? Models are trained on restrictively licensed things all the time, such as images that are still in copyright. This is generally believed to be fair use, though I think this has not been tested in court?
