Looks like you can disable it though:

https://github.com/settings/copilot/features

-> Privacy -> "Allow GitHub to use my data for AI model training"

Yeah, but it's a shitty move though - it should be by default opt-in, rather than opt-out. Imagine, you just continue coding normally consciously avoiding co-pilot only to find out that Github has been secretly training their models on your code, just because you forgot to toggle a setting off which was turned on without your knowledge, which they didn't even have the decency to email you about, but just posted on a blog no one reads.

	▲	saintfire 9 hours ago \| parent [-]
		I got an email about it. Its sort of a moot point since the whole thing is for good will anyways. They freely scraped licensed code and semi-private data across the internet and now they're pretending that they need to license anything. If a court rules they had to license data in the first place then the whole industry would actually have to start following laws.