>But that is neither the intended use of the product nor the actual way that a single person using the product really employs it, and that really, really matters
And yet, someone has done so, and found that to be the case. Therefore, it falls under "normal use".
So make up your mind. Is software engineering only about assembling working programs, or assembling working programs + navigating license minutiae?
One of these, Copilot has a place in. The other it does not.
You may hope that a judge considers a really weird and cherry-picked weird edge case to be "normal use", but opposing counsel will argue the opposite, and have a lot of evidence if they actually look at real use.
"I can use a gun to shoot someone" doesn't make guns illegal, even if people do so with some regularity. "I shot someone to make the point that guns can kill people" is worth even less in the eye of the law, and that is literally what you're pointing to here.
And I don't know what you're even getting at with the "assembling working programs" vs "navigating license minutae" stuff. Copilot helps the former, and you're apparently trying to argue that it should be banned because some people are feeling angsty about the latter?
And yet, someone has done so, and found that to be the case. Therefore, it falls under "normal use".
So make up your mind. Is software engineering only about assembling working programs, or assembling working programs + navigating license minutiae?
One of these, Copilot has a place in. The other it does not.