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So I’m working on a side project and it’s hosted on GitHub, does this mean the code (which I consider precious and my own) can just be stolen and injected into my competitors codebase who is using co-pilot?

If this is the case, I can imagine people migrating of GitHub very quickly. I can also imagine some pretty nice lawsuits opening up.

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A good rule of thumb is if you're worried about code being copied you really shouldn't put it on github. Even if most large companies respect copyright, that small studio in Russia certainly won't.

How would the small studio access my private repo ?

They wouldn't. If you have it in a private repository and you are the only one with access to it, you'll likely not run into this issue.

From other comments, this developers "private" code was found in 30k+ public repositories with public attribution which is what created this issue.

Presumably your private code is not also present or leaked to any public repositories.

The, this brings up a very, very interesting question, people have stolen code or leaked it into public repositories, and Microsoft are building a product that references that code.

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