It doesn't appear to be painfully obvious. Both because they're not losing court cases yet, and there's a huge swath of non copyrighted code being produced by co-pilot every day. By contrast the plaintiffs apparently were unable to induce Copilot to duplicate any parts of their code.

Oh so that's why Copilot has a filter to prevent suggesting copyrighted code, because the intent is to duplicate copyrighted code. It all makes sense now.