You can learn from code by just looking at it, working with it (i.e. transforming it into a truly derivative/creative work) there's little value to be had in having some automated program spit out chunks of code (ripped from their original context) that you don't fully understand or without the tool never could have conceived.

Also looking at some publicly available code (to learn) still respects the license, co-pilot possibly doesn't.

But Microsoft isn't being sued to stop copilot (which is trash really) it's to stop further development and an AI which will be to programmers what AlphaGo was to human players.

The workforce in the industry is desperate for a way to slow AI down (every industry workforce) and they found a way to try.