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.
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"...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 GitHub 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 285 platforms. See the full comparison.
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