GitHub Copilot vs. Kiro vs. Cursor vs. Devin: who covers you on IP?
Before you roll out an AI coding agent to 500 developers, the question isn’t which tool autocompletes the fastest. It’s who is legally exposed when that generated code turns out to infringe a third-party patent or copyright.
MarkTechPost reviewed the actual contracts behind GitHub Copilot, AWS Kiro, Cursor, Devin, and Windsurf. The differences matter a lot at enterprise scale.
️ IP Indemnity: Who Covers What
GitHub Copilot defends against third-party IP claims on unmodified generated output. The indemnity is uncapped, meaning Microsoft doesn’t cap its liability at your annual subscription fees. That’s a meaningful commitment for large deployments.
AWS Kiro covers copyright claims on generated code, also with an uncapped indemnity for those specific copyright scenarios. The coverage is narrower in scope than Copilot’s but still uncapped on the copyright dimension.
Cursor (via Anysphere’s MSA, updated August 13, 2026) explicitly names “Suggestions” in its indemnity language and carves that coverage outside the standard 12-month fee cap. The indemnity does not apply if you modified or combined the code in a way that caused the claim, if filters were disabled, or if you knew the output likely infringed.
Cognition, which makes both Devin and recently acquired Windsurf, excludes outputs entirely from indemnity in its standard terms. If generated code causes an IP dispute, Cognition’s standard contract does not cover it. The liability cap sits at 2x trailing 12-month fees under the MSA.
Side-by-Side: The Four Dimensions That Matter
| Feature | GitHub Copilot | AWS Kiro | Cursor | Cognition (Devin, Windsurf) |
|---|---|---|---|---|
| IP indemnity on generated code | Yes, unmodified output | Yes, copyright claims | Yes, Suggestions | No, outputs excluded in standard terms |
| Indemnity cap | Uncapped | Uncapped (copyright) | Outside fee cap | 2x trailing 12-month fees (MSA) |
| Trains on business data | No | No (enterprise users) | No, with Privacy Mode | No (Enterprise) |
The Operator Takeaway
For teams where legal exposure on generated code is a hard requirement, Copilot and Kiro offer the strongest written protection. Cursor’s MSA holds up well if your procurement team can negotiate on it. Cognition’s standard terms leave you exposed on outputs, which is the exact thing you’re buying the tool to produce.
If you’re comparing 500-seat costs or need the full audit log and data residency breakdown, the full analysis is at MarkTechPost and worth a read before your next procurement review.
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