Fair use is baked into copyright law, "full stop".
The only way to prevent all uses of your code is to keep it secret.
If anyone wants to say me using copilot violates their copyright, then sue me. But if you have no loss of reputation or revenue, and I have an innocent infringer defense - noone can stop me.
> Fair use is baked into copyright law, "full stop".
Someone recently said most statements on HN should automatically get "in the US" appended to them due to how US centric many of the views are. This is an excellent example. There are plenty of juristictions where "fair use" doesn't exist.
There's no such thing. It's a meaningless phrase, in a legal sense. Claiming that infringement was accidental or unintentional is not a defense. It has no effect on a determination of guilt or innocence. All it affects is the penalty.
Fair use is a defense, but a more limited one than you seem to believe. The usual formulation is "criticism, comment, news reporting, teaching, scholarship, or research" but none of those apply to Copilot. Fair-use claims are also not accepted by default, but only by demonstration that the four factors defining it are all applicable.
Also, since you've brought it up recently, you as the defendant in a copyright case don't get to choose jurisdiction. Usually the plaintiff does, either because it's explicitly defined in the same license that grants anyone rights at all or because it's a place where they do business. If you live in a different jurisdiction that might affect whether the plaintiff or court can collect any penalties, but not whether any are assessed. Having yourself declared persona non grata in multiple jurisdictions doesn't seem like a good long-term choice.
Instead of "flooding the zone" with dozens of comments offering nothing but the same few (false) claims - strong echoes of a recently banned user BTW - I strongly suggest you actually read up on copyright and fair use. They're not whatever you want them to be. Courts are unimpressed by your towering intellect.
The only way to prevent all uses of your code is to keep it secret.
If anyone wants to say me using copilot violates their copyright, then sue me. But if you have no loss of reputation or revenue, and I have an innocent infringer defense - noone can stop me.