[ghaff]

And if that's the case, the legal ruling shouldn't stop at code. It should encompass any images or text that aren't in the public domain, don't have copyright owned by the training entity, or otherwise permit this use. Which probably throws a massive spanner into a lot of machine learning. Which may well be fine but would probably be a big setback for ML generally.

Any higher court ruling might well draw some lines between different domains, but be clear that a ruling against GitHub would almost certainly be a ruling for copyright maximization and against fair use in other respects. So be careful what you wish for.