"[W]e inquired privately with Friedman and other Microsoft and GitHub representatives in June 2021, asking for solid legal references for GitHub’s public legal positions … They provided none."
Well... DUH. Why would they? You want to possibly sue them. Why in the hell would they, or anyone, provide crucial evidence for your lawsuit before you've sued them, regardless of the case and circumstances? Of course they aren't going to provide evidence, because you are obviously going to then try to prove hypocrisy, whereas you might not have enough to go on if they don't talk. No corporate lawyer in their right mind would ever grant such a request. (Edit: You are quite literally asking what their legal strategy is going to be, before the lawsuit has occurred, and then trying to spin the refusal as a proof of guilt.)
That's like claiming that an alleged drug dealer who didn't talk without a lawyer present is obviously a criminal, because if he wasn't he would have talked. What a nothing of a point.
Well... DUH. Why would they? You want to possibly sue them. Why in the hell would they, or anyone, provide crucial evidence for your lawsuit before you've sued them, regardless of the case and circumstances? Of course they aren't going to provide evidence, because you are obviously going to then try to prove hypocrisy, whereas you might not have enough to go on if they don't talk. No corporate lawyer in their right mind would ever grant such a request. (Edit: You are quite literally asking what their legal strategy is going to be, before the lawsuit has occurred, and then trying to spin the refusal as a proof of guilt.)
That's like claiming that an alleged drug dealer who didn't talk without a lawyer present is obviously a criminal, because if he wasn't he would have talked. What a nothing of a point.