FWIW I find it highly unlikely that (at least in my country, Germany) a court would agree that Microsoft/GitHub could hold you liable for uploading a vendored A

FWIW I find it highly unlikely that (at least in my country, Germany) a court would agree that Microsoft/GitHub could hold you liable for uploading a vendored AGPL dependency in your public GitHub repository because Copilot used your repository as part of its training corpus and someone won a lawsuit against Copilot for reproducing the AGPL code without a license. Just because it's in the Terms of Use doesn't mean it can be upheld in court (or more specifically: in every court). If you uploaded your repository to a service advertising itself as a version control service, the service using your uploaded code to feed a commercial code generation product would likely be ruled as "surprising", which at least in Germany has been used by courts to dismiss claims of Terms of Use violations (e.g. when WhatsApp banned users for using third party apps). Replace "AGPL" with Old Microsoft's "public source" (i.e. proprietary code published without an open source license) for a more likely scenario.