I'm not a lawyer, but if you provide a platform that enables infringement that's different than if you provide a tool that could enable infringement.
Popcorn time vs. bittorrent.
And you are right the EULA could say "it's up to the end user to confirm you can use this code". But then how do you verify? That slows down "productivity" where copilot promises "speeding up" productivity.
Yep, makes sense! I guess we'll see what arguments the court finds convincing. I, for one, hope Copilot stays, but if we can delay its destruction long enough I think we'll get open-source models that will give us this for free. And then the cat will be out of the bag.
Surely that's solvable with a EULA that passes the responsibility onto the user to search?