DeVault: GitHub Copilot and open source laundering

The license stating that something is considered a derived work doesn't make it a derived work. The copyright holder is still going to have to turn up in court and make that argument, and whoever created the allegedly derived work is going to defend against that. If the same judge heard the same arguments in a case where the license made no claims about whether or not something was a derived work, we'd expect to see the same decision.