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I agree that the way that train copilot is very morally iffy, but "without permission" isn't totally accurate. That type of usage is covered by their ToS.
If you don't want MS to use your shit, self host a gitlab 🤷🏼♂️
If it was covered before copilot that's something I actually wasnt aware of but if they added it afterwards it's not actually a good point because they seem to feed it absolutely everything on the platform.
It certainly was - the github ToS grants Github (or MS in point of fact) the ability to use your code to "improve their products and services", and has pretty much from the get-go.
Now, with that being said, what with all the recent rulings surrounding copyright and AI, it's possible that this clause will be deemed void in the context of training AI, but at least according to current law in the US, github was acting legally.
Whether they were acting morally is much different question, and in my opinion the answer is no - but being evil has never stopped corporate America before, or resulted in them being held accountable
We can always hope I guess!