Watch carefully as GitHub PR tries to (re)define copyright and set a precedent that the licensing terms of open source code don't apply in this case...
Left: Text from June 29th.Right: Edited text on July 1st.
See FAQ section at https://copilot.github.com/
Of course this isn't fair use. Training ML models with a work is clearly creating a new work. It doesn't matter if it's "controversial in the community". The community doesn't seem to understand copyright.
Per procrastinatum ad astra