I celebrate Microsofts shameless plundering of Github to create new products that increase productivity. The incredible thing is that people trusted Microsoft to use their code on their terms to begin with. This is a company who has been finding ways to make open source code into a proprietary product since the 90s.
Nobody can stop people from replicating what Microsoft did in the long run anyways. Eventually any consumer with enough access to source code will be able to make their own copilot. Even if copilot is criminalised Microsoft can just sell access to the entire GitHub dataset and let other people commit the "crime". Then you're right back where we started with having to sue the end users of copilot for infringement instead of Microsoft.
Use private repos or face the inevitability that copilot-like products will scrape your code.