The FSF is funding white papers on “philosophical and legal questions around Copilot”. In their post announcing the fund, Donald Robertson states:
The Free Software Foundation has received numerous inquiries about our position on these questions. We can see that Copilot’s use of freely licensed software has many implications for an incredibly large portion of the free software community. Developers want to know whether training a neural network on their software can really be considered fair use. Others who may be interested in using Copilot wonder if the code snippets and other elements copied from GitHub-hosted repositories could result in copyright infringement. And even if everything might be legally copacetic, activists wonder if there isn’t something fundamentally unfair about a proprietary software company building a service off their work.
One thing is for sure: there are many open questions that need answering. How we (as a community / industry) go about answering those questions is much less clear. But it’ll probably take place on blogs, forums, GitHub Issues, and even court rooms over the next decade.