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SIDE-BY-SIDE · 2 OF 3
Two platforms.
Same questions.
Baseten
DEVELOPER / CODING
PROMPT
Users retain 100% intellectual property ownership over all code repositories and prompts.
OUTPUT
Outputs are assigned fully to users under standard commercial parameters.
TRAINING
Excluded by default. Model training is contractually turned off under standard developer APIs.
COMMERCIAL
Commercial use of all workflow priorities and prioritizations is fully permitted.
283 verified findings across the displayed surfaces.
GitHub Copilot
DEVELOPER / CODING
PROMPT
GitHub does not claim ownership over code inputs. Code submitted to Copilot remains the user's property.
OUTPUT
GitHub does not assert ownership over code suggestions. Users are responsible for determining the IP status of generated code.
TRAINING
GitHub Privacy Statement confirms: 'Product Development and Improvement: We use Personal Data to develop and improve our products, services, and technologies, including artificial intelligence and machine learning technologies. This includes improving features, developing new offerings, enhancing safety and security capabilities, and training models. We apply appropriate technical safeguards, including aggregation and de-identification techniques where feasible.' Affiliates including Microsoft may also receive data for 'product development and improvement (including training and improving artificial intelligence and machine learning technologies).' Individual tier: code snippets and telemetry may be used for training (opt-out in IDE settings). Business/Enterprise: training on user code is off by default, no data retention beyond session.
COMMERCIAL
Commercial use is the primary intended use case, particularly for Copilot for Business and Enterprise plans.
479 verified findings across the displayed surfaces.
Empty Comparison Slot
AIRIN SUMMARY
Baseten has moderate defaults; GitHub Copilot carries the most permissive license terms of the set.FOR ENTERPRISE: BASETEN ENTERPRISE TIER ACCEPTABLE · GITHUB COPILOT NOT RECOMMENDED
↳ Compliance surfaces · side by side
⚡ INTERACTIVE RISK COMPARISON HEATMAP
| RISK SURFACE | BASETEN | GITHUB COPILOT |
|---|---|---|
| PPrompt Ownership | ||
| OOutput Ownership | ||
| TModel Training | ||
| CCommercial Use | ||
| DData Privacy | ||
| $Tier Differences |
* Click any cell in the heatmap matrix to scroll directly to its verbatim policy citations below.
📂 Intellectual Property & Model Training
P
SURFACE 01
Prompt Ownership
Baseten
MED⚠ CAUTIONMED
Users retain 100% intellectual property ownership over all code repositories and prompts.
“Customer acknowledges and agrees that the Baseten Products & Services will not be used, and is not licensed for use, in connection with any of Customer’s time-critical or mission-critical functions. Customer will not remove, alter, or obscure any proprietary notices (including co…”
GitHub Copilot
HIGH⚠ CAUTIONHIGH
GitHub does not claim ownership over code inputs. Code submitted to Copilot remains the user's property.
“If you choose to give us any ideas, know-how, algorithms, code contributions, suggestions, enhancement requests, recommendations or any other feedback for our products or services (collectively, “Feedback”), you acknowledge and agree that GitHub will have a royalty-free, fully pa…”
Feedback provided during Beta Preview (which could include code, algorithms, or technical know-how) is subject to an extremely broad, irrevocable, perpetual, sublicensable, commercially exploitable license with no compensation to the user.
O
SURFACE 02
Output Ownership
Baseten
MEDMED
Outputs are assigned fully to users under standard commercial parameters.
“ 1.6 “ Customer Model Output ” means the output of any query received by the Customer Model through the Baseten Products & Services. 1.7 “Documentation” means the technical materials provided by Baseten to Customer in hard copy or electronic form describing the use and operation…”
GitHub Copilot
MED⚠ CAUTIONHIGH
GitHub does not assert ownership over code suggestions. Users are responsible for determining the IP status of generated code.
“"Output" means responses and suggestions, including code or other material, generated by an AI Feature.”
Output ownership terms are referenced in Section J (AI Features, Training, and Your Data) which is not included in the provided document text. Only the definition of Output is present; the operative ownership/license clauses are absent.
T
SURFACE 03
Model Training
Baseten
MEDMED
Excluded by default. Model training is contractually turned off under standard developer APIs.
“ 5.1 License; Ownership. Customer is solely responsible for any and all obligations with respect to the accuracy, quality and legality of Customer Content. Customer will obtain all third party licenses, consents and permissions needed for Baseten to use the Customer Content to p…”
GitHub Copilot
HIGH⚠ CAUTIONHIGH
GitHub Privacy Statement confirms: 'Product Development and Improvement: We use Personal Data to develop and improve our products, services, and technologies, including artificial intelligence and machine learning technologies. This includes improving features, developing new offerings, enhancing safety and security capabilities, and training models. We apply appropriate technical safeguards, including aggregation and de-identification techniques where feasible.' Affiliates including Microsoft may also receive data for 'product development and improvement (including training and improving artificial intelligence and machine learning technologies).' Individual tier: code snippets and telemetry may be used for training (opt-out in IDE settings). Business/Enterprise: training on user code is off by default, no data retention beyond session.
“In addition, for Individual subscribers only: GitHub may use Copilot interaction data — including prompts (inputs), s uggestions (outputs), and code snippets generated during Copilot sessions — to train and improve AI models. This training helps improve code suggestions for all C…”
Individual (Free/Pro/Pro+) subscribers' prompts, outputs, and code snippets are used for AI model training by default. Opt-out is available but must be actively exercised.
C
SURFACE 04
Commercial Use
Baseten
MED⚠ CAUTIONMED
Commercial use of all workflow priorities and prioritizations is fully permitted.
“ the operation of the Baseten Products & Services or the hardware and network used to operate the Baseten Products & Services; (f) modify, copy or make derivative works based on any part of the Baseten Products & Services or Documentation; (g) access or use the Baseten Products &…”
GitHub Copilot
MED⚠ CAUTIONHIGH
Commercial use is the primary intended use case, particularly for Copilot for Business and Enterprise plans.
“It is your responsibility to assess what is appropriate for the situation and implement appropriate safeguards.”
The document places responsibility for assessing appropriateness of use entirely on the user but does not explicitly restrict or permit commercial use of outputs. No affirmative commercial use restriction or permission is stated.
📂 Data Privacy & Governance
D
SURFACE 05
Data Privacy
Baseten
HIGHMED
—
“ As defined in the CCPA, "sell" and "sale" mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer's personal information by the business to a thir…”
GitHub Copilot
HIGH⚠ CAUTIONHIGH
Individual: training on by default, opt-out available in IDE settings. Business: training off by default, no content retention. Enterprise: same as Business with additional enterprise governance and IP indemnification.
“GitHub and third parties use social media cookies to show you ads and content based on your social media profiles and activity on GitHub’s websites. This ensures that the ads and content you see on our websites and on social media will better reflect your interests. This also ena…”
Third parties can use data collected on GitHub to improve their own products on entirely separate websites, extending data use well beyond the GitHub platform context.
$
SURFACE 06
Tier Differences
Baseten
MEDMED
—
“ 4.1 Fees. In consideration for the access rights granted to Customer and the Services performed by Baseten under this Agreement, Customer will pay to Baseten the Fees. Except as otherwise provided in the Order, all Fees are billed at the end of the month due and payable within t…”
GitHub Copilot
HIGH⚠ CAUTIONHIGH
Individual: training on by default, opt-out available in IDE settings. Business: training off by default, no content retention. Enterprise: same as Business with additional enterprise governance and IP indemnification.
“When a school or employer supplies your GitHub account, they assume the role of Data Controller for most Personal Data used in our Services. This enables them to: Manage and administer your GitHub account, including adjusting privacy settings. Access and utilize your Person…”
Users on organization-provisioned accounts have significantly reduced privacy protections — their employer or school can access content, files, and usage data and adjust privacy settings.