Comment by gpm

> They do specify that "[...] telemetry expressly does not include Customer Data" though.

Yes and no. They first grant themselves a license "to derive and generate Telemetry" from the users copyrighted material, something that they only need if they're deriving it from the actual creative works the customer updates, and not just the metadata about them.

And they define telemetry extremely broadly, effectively "anything useful for lawful business purposes except customer data".

So this agreement would seem to cover things like "an update to an AI model trained off of your code" or even "an AI summary of what you're working on and any relevant business information contained therein". As long as they process it to something new, it's not "customer data" (a term defined narrowly in the agreement). I don't expect that they are doing that, but I think they've given themselves permission to. The agreement is far too broad.

I agree that I expect that they are deriving metadata, and would expect that regardless of this agreement, but this agreement doesn't seem necessary for that.