Provision record
GitHub · GitHub Copilot Product Terms · View original document ↗

Prohibition on Generating Unlawful Suggestions

High severity High confidence Explicit document language Common · 282 of 352 platforms

Key Facts

What does GitHub prohibit regarding use of Suggestions?
GitHub prohibits users from using GitHub Copilot to generate Suggestions whose use the user knows, or reasonably should know, would be unlawful or would infringe on the rights of others.
Does GitHub prohibit using GitHub Copilot to generate Suggestions whose use would be unlawful or infringe on the rights of others?
GitHub prohibits users from using GitHub Copilot to generate Suggestions whose use the user knows, or reasonably should know, would be unlawful or would infringe on the rights of others.
Stay ahead of the changes
Track GitHub and get the diff the day its terms change.
Share 𝕏 Share in Share 🔒 PDF

This analysis describes what GitHub's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This clause extends the prohibition beyond actual knowledge to include constructive knowledge—what the user reasonably should know—making the restriction broader than a purely subjective standard.

Consumer impact (what this means for users)

Users are prohibited from using GitHub Copilot to generate Suggestions they know, or reasonably should know, would be unlawful or infringe on the rights of others.

How other platforms handle this

Tinder Medium

You may not display any personal contact, banking, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card...)

ActiveCampaign Medium

Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of our Services;

Mailchimp Medium

Send content created in Mailchimp through another service.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
...you may not use GitHub Copilot to generate Suggestions whose use you know (or reasonably should know) would be unlawful or would infringe on the rights of others.

Excerpt from GitHub's Copilot Product Terms

Applicable regulations

CFAA
United States Federal
DMCA
United States Federal
DSA
European Union

Provision details

Document information
Document
GitHub Copilot Product Terms
Entity
GitHub
Document last updated
May 11, 2026
Tracking information
First tracked
July 12, 2026
Last verified
July 12, 2026
Record ID
CA-P-065373
Document ID
CA-D-00776
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
84c17d24d27ade5447d26fe46e6147312edfe991c45fa6a641e9ab5d665ed29c
Analysis generated
July 12, 2026 14:12 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: GitHub
Document: GitHub Copilot Product Terms
Record ID: CA-P-065373
Captured: 2026-07-12 14:12:12 UTC
SHA-256: 84c17d24d27ade54…
URL: https://conductatlas.com/platform/github/github-copilot-product-terms/provision/CA-P-065373/prohibition-on-generating-unlawful-suggestions/
Accessed: Aug. 18, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

Other risks in this policy

Get the research letter

Companies change their terms quietly. We read every version and catch what actually changed. One email a week on the changes that matter and what they mean.

Frequently Asked Questions

What does GitHub's Prohibition on Generating Unlawful Suggestions clause do?

This clause extends the prohibition beyond actual knowledge to include constructive knowledge—what the user reasonably should know—making the restriction broader than a purely subjective standard.

How does this clause affect you?

Users are prohibited from using GitHub Copilot to generate Suggestions they know, or reasonably should know, would be unlawful or infringe on the rights of others.

How many platforms have this type of clause?

ConductAtlas has identified this type of provision across 282 platforms. See the full comparison.

Is ConductAtlas affiliated with GitHub?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by GitHub.