When searching for "console.log(isEven(50));" "// → true", which is one of the parts that the complaints is about, since this is also reproduced inside a Programming learning book: We get with cs.github.com
" Showing 1 - 20 of 66 files found (in 76 milliseconds)"
So, if this lawsuit succeeds in some way shape or form, does the author have a case against the 66 people that reproduced these lines in their own repository?
You could argue that if the author pursued enforcing their licence over those 66 people their code wouldn't have ended up in the training set in the first place. IANAL but I recall that you can't invoke copyright law to selectively enforce it, copyright is only protected if the holder pursues every violation of it. Maybe it works the same for enforcing a licence.
They can already sue those people if they don't follow the original license, they just need to file a complaint individually to each author, I think. Standard OSS license stuff, or else, why would people even use licenses?