> I don't know either, and I am no expert, but it sounds like Github/Microsoft lawyers may have decided it on one side or the other. I think they've realized

> I don't know either, and I am no expert, but it sounds like Github/Microsoft lawyers may have decided it on one side or the other. I think they've realized that the argument that they are a commercial publisher is quite strong. Thus they are not eager to challenge it and wind up heavily fined for sactions-busting. Especially since Microsoft is a significant supplier to US government entities.