[yellowapple]

IIRC, GitHub doesn't actually impose any restrictions on what license you choose. Their ToS does grant GitHub the right to redistribute your code (for obvious reasons), among other things around GitHub's fork-and-PR model, beyond whatever licensing terms you've chosen. Valve, for example, publishes portions of their Source Engine on GitHub with a non-free license, and I'm pretty sure there are GitHub repos with CC-BY-ND-NC-whatever licenses for various non-code assets.

I don't think this is against the spirit of GitHub, either. I ain't GitHub, though, so that opinion is by no means authoritative.

All this is different from, say, SourceForge, where using SourceForge to host your code did (does?) require licensing your code under a FOSS license.

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Regardless, still scummy to take a name so close to an existing actually-FOSS project with similar goals. Additionally scummy to call the license "fair" (if it ain't free, it ain't fair), though that's probably not the developer's fault.