1a) Fair use can be commercial. And copilot is not commercial so the point is moot.
1b) This is false. This is not literally taking snippets it has found and suggesting it to the user. That would be an intelligent search algorithm. This is writing novel code automatically based on what it has learned.
2) Definitely creative. It's creating novel code. At least it's creative if you consider a human programming to be a creative endeavor as well.
3) If it's reproducing input code it's just a search algorithm. This doesn't seem to be the case.
4) Most GPLed code doesn't cost any money. As such the market for it is non-existent. Besides copilot does not displace the original even if there were a market for it. As far as I know there is not anything even close to comparable in the world right now.
So from my reading it violates none of the guidelines.
1b) This is false. This is not literally taking snippets it has found and suggesting it to the user. That would be an intelligent search algorithm. This is writing novel code automatically based on what it has learned.
2) Definitely creative. It's creating novel code. At least it's creative if you consider a human programming to be a creative endeavor as well.
3) If it's reproducing input code it's just a search algorithm. This doesn't seem to be the case.
4) Most GPLed code doesn't cost any money. As such the market for it is non-existent. Besides copilot does not displace the original even if there were a market for it. As far as I know there is not anything even close to comparable in the world right now.
So from my reading it violates none of the guidelines.