So far it's been mostly small / independent developers or organizations that were banned, and Github has Microsoft behind it, a $125bn / year revenue company with a legal team 1,500 strong (https://www.bizjournals.com/seattle/news/2019/12/02/how-brad...). I don't think fear of litigation is the issue.

The very first thing a corporate lawyer does is proactively prevent litigation through protective policies that specifically do NOT emphasize transparency.