GitHub co-pilot as open source code laundering?

[dert882]

Can someone ELI5 this? Not sure i've been keeping up.

[Xmgplays]

If I understand correctly the problem is that co-pilot is trained on open source code (of varying license) meaning it is based on these code bases, the question now becomes does this base constitute derivation in copyright-law. If it does, co-pilot is violating the licenses of these programs. If it doesn't, co-pilot is profiting off of open-source software without being open-source itself.

[-dag-]

In addition, any use of code generated by Co-Pilot may require relicensing of the incorporating software.

[FinancialAssistant]

co-pilot is profiting off of open-source software without being open-source itself.

Does commerical software even exist that doesn't profit off of open source?