> They claim it is covered by fair use they claim the training of their model is covered by fair use, but they did not say that was the justification they were

> They claim it is covered by fair use they claim the training of their model is covered by fair use, but they did not say that was the justification they were using. They don't need to claim fair use. It's pretty clear from the Terms of Use that they can use code hosted on github.com to provide any service they like, so long as it is a GitHub service. They don't need fair use, they already have the rights to do what they are doing.