The terms require users to comply with the GitHub Acceptable Use Policies, the Microsoft Generative AI Services Code of Conduct, and the Microsoft Customer Copyright Commitment Required Mitigations. These govern both the inputs users submit and the outputs they generate using Copilot.
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 provision incorporates three external policy documents by reference, including a Microsoft policy, creating a multi-document compliance obligation. The Required Mitigations at aka.ms/AIfilters establish specific technical and procedural obligations that apply alongside the GitHub Acceptable Use Policies.
Under these terms, users are bound by the GitHub Acceptable Use Policies, the Microsoft Generative AI Services Code of Conduct, and the Microsoft Customer Copyright Commitment Required Mitigations, all incorporated by reference. Violations of any of these documents may constitute a breach of the agreement.
Cross-platform context
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Compare across platforms →"Your use of GitHub Copilot is subject to the Acceptable Use Policies, the AI Code of Conduct, and the Required Mitigations. For example, you may not prompt GitHub Copilot with content that is unlawful or otherwise prohibited by the Acceptable Use Policies, and 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
(1) REGULATORY LANDSCAPE: The incorporation of the Microsoft Customer Copyright Commitment Required Mitigations engages copyright law frameworks relevant to AI-generated output, including DMCA provisions in the US and EU Copyright Directive obligations.
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This provision incorporates three external policy documents by reference, including a Microsoft policy, creating a multi-document compliance obligation. The Required Mitigations at aka.ms/AIfilters establish specific technical and procedural obligations that apply alongside the GitHub Acceptable Use Policies.
Under these terms, users are bound by the GitHub Acceptable Use Policies, the Microsoft Generative AI Services Code of Conduct, and the Microsoft Customer Copyright Commitment Required Mitigations, all incorporated by reference. Violations of any of these documents may constitute a breach of the agreement.
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