Reading the github blog post "If you previously opted out of the setting allowing GitHub to collect this data for product improvements, your preference has been retained—your choice is preserved, and your data will not be used for training unless you opt in."
We are not. The reason we wanted to announce early was so that folks had plenty of time to opt-out now. We've also added the opt-out setting even if you don't use Copilot so that you can opt-out now before you forget and then if you decide to use Copilot in the future it will remember your preference.
Would you be able to comment on https://news.ycombinator.com/item?id=47522876, i.e. explain the legal basis for this change for EU based users? If there is none, you may have to expect that people will exercise their right to lodge a complaint with a supervisory authority.