1) It's not your code that is proposed by copilot, but a mix of thousands and thousands codes, that can not be linked to one specific person. It's like you take 1000 portrait photos and make a new one. How can you prove your photo has been used?
2) How what's done by Github is causing you any damage, directly or indirectly? If you want to sue someone, you'd better prove any damage to a judge.
3) Because of all of this yelling, I'm pretty sure Github will add a per-repository option to disable code scraping. But I still don't understand what you'll win.