This is clearly and unambiguously defined as “publication” in the copyright law, where “publication” is defined as distributing copies. (And GitHub’s TOS also calls showing you code “publish”).
There is nothing to wait for, and the law and many court cases have already established clear definitions and precedent on these terms. You just got stuck on the wrong idea, it happens, it’s okay, but if you are curious about copyright and interested in discussing it here, it will certainly help to improve your understanding of the terminology.
> GH taking chunks of code from here and there […] is more akin to the physical concept of redistribution
No, this is still just wrong. You’re talking about derivative works, which is also defined in the copyright legal code. There is no such physical concept of mixing and matching that is called “redistribution” in legal terms. I’m not sure where that idea came from, it might make sense to you or in some narrow contexts, but generally speaking and specifically wrt copyright law, distribution has nothing to do with whether you sample a work nor whether you make a new work out of old works.
>In the digital world, showing is "distributing" [...]
I guess it has to do with how copyright law adapts to the specific circumstances of this particular case. I guess we won't get an answer until a judge justifies some sort of resolution on either side.
My take is that:
* GH showing you some source code on their website is akin to reproduction; even though, of course, a binary copy of the code was made and was transmitted to your local browser in order to be displayed.
while
* GH taking chunks of code from here and there, and making them available into a new product from which they claim ownership (or the final user, or whatever) is more akin to the physical concept of redistribution.
But we'll have to wait and see.