Why would you expect an engineer to be able to comment on legal affairs? Presumably it was cleared with Microsoft's legal department or whatever GitHub's divisional equivalent is.
That's precisely what the term 'engineer' signifies. (I know it gets used incorrectly for software developers.) Workers in general need to decide whether something is legal independently of their company, because the company lawyers have the interest of the company in mind, which might conflict with the workers interest to not do illegal things.
Big Tech is known for clearing illegal things by their legal departments all the time.
Big Tech is known for clearing illegal things by their legal departments all the time.