“...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.”
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
Assist or permit any persons in engaging in any of the activities described above
use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews
You shall not distribute on or through this Web Site any Postings containing any advertising, promotion, solicitation for goods, services or funds or solicitation for others to become members of any enterprise...
"...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 272 platforms. See the full comparison.
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