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> something along the lines of "you may not use this code as training data"

Would such a term be legally binding under present copyright law? Other than disallowing inclusion in a redistributed dataset specifically intended for training ML models, it's not clear to me that it would actually prevent such use if you already had a copy on hand for some other purpose. (Specifically, note that GitHub indeed already has a copy on hand for their authorized primary purpose of publicly distributing it.)

More generally, the manner in which copyright law applies to machine learning algorithms in general hasn't been worked out by either the courts or legislature yet. Hence the current article ...