Actually, they're subpoenaing. This is necessary to identify who may have accessed it; i don't think this is a suit over the privacy of gists.
Actually, it's not. If Github's TOS (and their legal argument in response to the subpoena) is strong enough, Uber can go fly a kite.
Actually, it's not. If Github's TOS (and their legal argument in response to the subpoena) is strong enough, Uber can go fly a kite.