Microsoft would have access to your usage history, and would be able to easily prove your intended theft as a user if any of your prompts or usage history made it clear that you were attempting to subvert a license.
If anything, this temporarily shifts the battleground out of the courts and into prompt engineering space.
It would need to look like an accident for a bad actor to pull this off.
You're asking them to go and use copilot with the intention of showing that copilot can be used to unintentionally infringe on copyright? That sounds pretty tricky.
Microsoft would have access to your usage history, and would be able to easily prove your intended theft as a user if any of your prompts or usage history made it clear that you were attempting to subvert a license.
If anything, this temporarily shifts the battleground out of the courts and into prompt engineering space.
It would need to look like an accident for a bad actor to pull this off.