Since people and github are contemplating repeatedly infringing, is there an avenue to increase these damages? This seems like repeated and willful infringement.
If liability sits somewhere, it's with copilot, github, and Microsoft.
A lot of that might come down to bedside manner. Right now, github isn't super-polite to people whose code it used. That's probably a mistake. They'd be a unsympathetic evil megacorp in a jury trial.