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SIDE-BY-SIDE · 2 OF 3
Two platforms.
Same questions.
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.
216 verified findings across the displayed surfaces.
Microsoft 365 Copilot
WORKFLOW & AUTOMATION
PROMPT
Microsoft does not claim ownership of customer prompts or inputs. Customer data remains customer property under Microsoft's data governance framework.
OUTPUT
Microsoft doesn't claim ownership of the output of the service. Outputs are treated as customer data.
TRAINING
Microsoft does not use M365 Copilot customer content to train foundation models. The Microsoft Privacy Statement (March 2026) states for enterprise Copilot: 'Microsoft 365 Copilot...provides enterprise-grade data protection' and 'will use the content in your files only when you ask it to perform a specific action on that specific content.' General Microsoft AI statement covers manual review of automated method outputs for improving accuracy, but enterprise Copilot data is explicitly protected.
COMMERCIAL
Microsoft 365 Copilot is available as an enterprise add-on. Commercial use of all outputs is permitted.
433 verified findings across the displayed surfaces.
Empty Comparison Slot
AIRIN SUMMARY
GitHub Copilot carries highly permissive license terms; Microsoft 365 Copilot carries highly permissive license terms.FOR ENTERPRISE: GITHUB COPILOT NOT RECOMMENDED · MICROSOFT 365 COPILOT NOT RECOMMENDED
↳ Compliance surfaces · side by side
⚡ INTERACTIVE RISK COMPARISON HEATMAP
| RISK SURFACE | GITHUB COPILOT | MICROSOFT 365 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
GitHub Copilot
MEDHIGH
GitHub does not claim ownership over code inputs. Code submitted to Copilot remains the user's property.
“ Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed. ”
Microsoft 365 Copilot
MEDHIGH
Microsoft does not claim ownership of customer prompts or inputs. Customer data remains customer property under Microsoft's data governance framework.
“ a. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display Your Content for the purpose that you made Your Content available on the Services without compens…”
O
SURFACE 02
Output Ownership
GitHub Copilot
MEDHIGH
GitHub does not assert ownership over code suggestions. Users are responsible for determining the IP status of generated code.
“ You grant us and other Users the licenses in Sections D.4–D.8. These licenses apply to Your Content. If Your Content already includes a license granting us the permissions we need, no additional license is required. You will not receive payment for these rights. These licenses e…”
Microsoft 365 Copilot
HIGH
Microsoft doesn't claim ownership of the output of the service. Outputs are treated as customer data.
No citation available
T
SURFACE 03
Model Training
GitHub Copilot
MED⚠ 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.
“ Unless you opt out, GitHub's Affiliates may use your Inputs and Outputs under this license in accordance with their applicable privacy and contractual obligations. This license does not, however, permit GitHub or its Affiliates to share your Inputs or Outputs with third-par…”
Microsoft 365 Copilot
MED⚠ CAUTIONHIGH
Microsoft does not use M365 Copilot customer content to train foundation models. The Microsoft Privacy Statement (March 2026) states for enterprise Copilot: 'Microsoft 365 Copilot...provides enterprise-grade data protection' and 'will use the content in your files only when you ask it to perform a specific action on that specific content.' General Microsoft AI statement covers manual review of automated method outputs for improving accuracy, but enterprise Copilot data is explicitly protected.
“ Microsoft will only use your Microsoft Copilot conversations to monitor performance, troubleshoot problems, diagnose bugs, prevent abuse, and to provide and improve Microsoft Copilot. In certain markets, we use conversation data to train the generative AI models in Copilot, unle…”
C
SURFACE 04
Commercial Use
GitHub Copilot
MED⚠ CAUTIONHIGH
Commercial use is the primary intended use case, particularly for Copilot for Business and Enterprise plans.
“ By using automated means to access, collect, or otherwise use (“Access”) any publicly accessible Content from the Service for the purpose of developing or training any commercially available artificial intelligence model, machine learning system, or similar technology (a "Commer…”
Microsoft 365 Copilot
MED⚠ CAUTIONHIGH
Microsoft 365 Copilot is available as an enterprise add-on. Commercial use of all outputs is permitted.
“ b. The software is licensed, not sold, and Microsoft reserves all rights to the software not expressly granted by Microsoft, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not: ”
📂 Data Privacy & Governance
D
SURFACE 05
Data Privacy
GitHub Copilot
MED⚠ 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.
“ The business or commercial purpose of sharing personal information is to assist us with marketing, advertising, and audience measurement.”
Microsoft 365 Copilot
MED⚠ CAUTIONHIGH
Enterprise/commercial M365 Copilot provides strong data protection — content not used for training, enterprise-grade compliance. Consumer Microsoft products (Bing, Cortana, etc.) have broader licenses. Bing Places grants a 'worldwide, royalty-free license to use, reproduce, save, modify, aggregate, promote, transmit, display, and distribute your Data and Your Content...and sub-license any or all of the foregoing rights to third parties.'
“Microsoft does not use what you say in email, human-to-human chat, video calls, or voice mail, or your documents, photos, or other personal files to target ads to you. We use data we collect through our interactions with you, through some of our first-party products, services, ap…”
While communications content is excluded, behavioral interaction data from first- and third-party properties is used for ad targeting, including via automated processes.
$
SURFACE 06
Tier Differences
GitHub Copilot
MEDHIGH
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.
“ "Beta Previews" mean software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.”
Microsoft 365 Copilot
HIGH
Enterprise/commercial M365 Copilot provides strong data protection — content not used for training, enterprise-grade compliance. Consumer Microsoft products (Bing, Cortana, etc.) have broader licenses. Bing Places grants a 'worldwide, royalty-free license to use, reproduce, save, modify, aggregate, promote, transmit, display, and distribute your Data and Your Content...and sub-license any or all of the foregoing rights to third parties.'
No citation available