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287 verified findings across the displayed surfaces.
516 verified findings across the displayed surfaces.
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Gemini Code Assist (Google) carries highly permissive license terms; GitHub Copilot carries highly permissive license terms.FOR ENTERPRISE: GEMINI CODE ASSIST (GOOGLE) NOT RECOMMENDED · GITHUB COPILOT NOT RECOMMENDED
| RISK SURFACE | GEMINI CODE ASSIST (GOOGLE) | GITHUB COPILOT |
|---|---|---|
| PPrompt Ownership | ||
| OOutput Ownership | ||
| TModel Training | ||
| CCommercial Use | ||
| DData Privacy | ||
| $Tier Differences |
“ You also agree that our Privacy Policy applies to your use of our services. We also provide resources like the Copyright Help Center , Safety Center , Transparency Center , and descriptions of our technologies from our policies site to answer common questions and to set expectat…”
“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.
“ Some of our services include content that belongs to Google — for example, many of the visual illustrations you see in Google Maps. You may use Google’s content as allowed by these terms and any service-specific additional terms , but we retain any intellectual property rights t…”
“ GitHub and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and f…”
“This license is for the limited purpose of: operating and improving the services , which means allowing the services to work as designed and creating new features and functionalities. This includes using automated systems and algorithms to analyze your content: for spam, malware…”
The 'developing new technologies and services' purpose, combined with 'improving the services' and pattern recognition via automated systems, effectively authorizes use of user content for model/AI development without explicit opt-out for most users.
“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.
“using AI-generated content from our services to develop machine learning models or related AI technology”
Google expressly prohibits users from using Google's AI-generated outputs to train competing ML models or AI technology. This is a significant restriction on commercial use of outputs in AI/ML development contexts.
“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.
“ (ii) does not result in a material reduction of the”
“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.
“ https://cloud.google.com/terms/direct-tos-exemptions for the applicable Services, these terms do not apply to you, unless you and Google agree otherwise in writing. If you become exempt from these terms after the Effective Date, this will not affect any liability arising be…”
“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.