Well, considering how GitHub's ToS was defended as "but they need it to host your code" and was what ended up as their justification for feeding all of your cod

Well, considering how GitHub's ToS was defended as "but they need it to host your code" and was what ended up as their justification for feeding all of your code into Copilot, I don't think that argument aged well. They could specify a minimal set of permissions they need from you to offer their service but they deliberately worded it as ambiguously as possible to allow them to change their mind later. The question isn't what they need it for, the question is what they can justify later with the language they use now.