> The recourse is filing a declaratory judgement to establish the legality of the code.
Which is expensive relative to the resources of some individuals doing this as a hobby, so some kind of legal defense fund may be in order.
Of course, the other option is to put enough pressure on Github/Microsoft to get them to be the ones to defend it, since it's not that expensive relative to the resources of a trillion dollar corporation, and they could quite plausibly have more to gain in positive PR with developers (or in avoiding continued negative PR) than they pay to the lawyers they probably already have on staff.
We shouldn't forgive companies who do the wrong thing on issues like this, because the cost of people not forgiving them is a major incentive for them not to do the wrong thing.
The obvious solution being to stop paying money for RIAA lawyers and use that money to defend against the RIAA lawyers, netting zero expense and twice positive PR.
The recourse is filing a declaratory judgement to establish the legality of the code.