[will4274]

? Instead of a software bug, it was a human error. Is it really surprising that with a company of Microsoft's size, some employees fuck up? Likely the employee was trying to say that the contributions in this fork that were not present in upstream are covered by the new license, but failed to do so properly (by leaving the original license intact and identifying precisely which files the new license applied to and which it didn't).

Courts will take a far more generous view than you are here. If Microsoft is not profiting from the change, and fixes it promptly when pointed out, the courts will shrug at any case - no harm, no foul. It's not even clear to me that it's illegal to have the wrong license on GitHub, assuming the shipping product does not violate the correct license. As nobody has pointed to any infringing Microsoft product... What are we talking about?