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.