Perhaps. However, even if they did keep the source code, there are issues and other information on github that would not be preserved. I think it's safe to ass

Perhaps. However, even if they did keep the source code, there are issues and other information on github that would not be preserved. I think it's safe to assume this information is very relevant to litigation involving a scenario such as this one. Even if that wasn't a factor, the court may get the idea that the repository was wiped in order to destroy evidence. Convincing them otherwise may be technically challenging.