They did! In the faq which I can't find anymore they said:
>GitHub Copilot is a code synthesizer, not a search engine: the vast majority of the code that it suggests is uniquely generated and has never been seen before. We found that about 0.1% of the time, the suggestion may contain some snippets that are verbatim from the training set.
You don't mandate as much as you put out an offer. With the right incentive pretty sure many companies could switch to produce these items. And that's the point, it takes time to set up a production line, and the main reason why the government should have acted before.
>GitHub Copilot is a code synthesizer, not a search engine: the vast majority of the code that it suggests is uniquely generated and has never been seen before. We found that about 0.1% of the time, the suggestion may contain some snippets that are verbatim from the training set.