This would, of course, need to be determined in court. Microsoft argued it had plenty of competition when the DOJ came for it over Windows and bundling. Like I said, this isn't unexplored territory for Microsoft. This is the company of Embrace, Extend, Extinguish and the Halloween documents.
This isn't a company with plenty of goodwill in its sails launching a hip new product. They're not Do No Evil era Google or Apple riding high on the iPod. We can't just pretend there isn't a history.
Microsoft got done because they were threatening vendors with punitive action if they didn't bundle Windows and IE by default.
Which is to say: Microsoft was taking specific action which wasn't a natural consequence of their software, but was being actively enforced to keep out competition. Vendors didn't organically discover consumers weren't interested in getting a PC without Windows and IE, they were prevented from even offering the option lest they be completely denied the ability to offer that at all.
you're making a big assumption here, that Microsoft did not learn from their mistakes.
I posit that they have indeed learned from their mistakes.
1) They train Copilot with repos hosted on github.com. 2) Users who upload code to github.com grant GitHub an explicit license[0] granting GitHub the right to show that code to others. 3) GitHub do not specify which technologies or techniques they may use to show this code to others, meaning they may use any technique they like.
Microsoft have learned. And they have covered their collective asses. Users who host code on github.com agreed to these terms.
Users who don't like their code showing up in Copilot should not be hosting their code on GitHub, because they agreed to have their code delivered to others when they signed up.
> This license does not grant GitHub the right to sell Your Content. It also does not grant GitHub the right to otherwise distribute or use Your Content outside of our provision of the Service[...]
I imagine the crux of this case will be what constitutes "the Service", and whether that includes Copilot. Also whether licensing Copilot counts as selling Your Content.
This isn't a company with plenty of goodwill in its sails launching a hip new product. They're not Do No Evil era Google or Apple riding high on the iPod. We can't just pretend there isn't a history.