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
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.
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
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...)
Bypass or ignore instructions contained in our robots.txt file that controls automated access to portions of our Services;
Send content created in Mailchimp through another service.
"...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
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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.
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.
ConductAtlas has identified this type of provision across 282 platforms. See the full comparison.
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