If your code was in a private repo they supposedly didn't use it for training. I think it was also mentioned they tried to limit it to only repos where they could determine some kind of license they thought would permit such usage.
If you're publishing your IP to GitHub in a public repo and using a widely permissive license, they didn't need an agreement to use that IP to train copilot.
There needs to be a line somewhere that says, "if you use a widely permissive license, we will use your IP to make money for ourselves" or something like that, then, right?