By virtue of uploading code to github you are granting them license as per their terms of service.

calvinmorrison 4 days ago | parent | next [-]

Licensing a repository Public repositories on GitHub are often used to share open source software. For your repository to truly be open source, you'll need to license it so that others are free to use, change, and distribute the software.

In this article Choosing the right license We created choosealicense.com, to help you understand how to license your code. A software license tells others what they can and can't do with your source code, so it's important to make an informed decision.

You're under no obligation to choose a license. However, without a license, the default copyright laws apply, meaning that you retain all rights to your source code and no one may reproduce, distribute, or create derivative works from your work.

via https://docs.github.com/en/repositories/managing-your-reposi...

	▲	zokier 4 days ago \| parent [-]
		> Because you retain ownership of and responsibility for Your Content, we need you to grant us — and other GitHub Users — certain legal permissions, listed in Sections D.4 — D.7. These license grants apply to Your Content. If you upload Content that already comes with a license granting GitHub the permissions we need to run our Service, no additional license is required. You understand that you will not receive any payment for any of the rights granted in Sections D.4 — D.7. The licenses you grant to us will end when you remove Your Content from our servers, unless other Users have forked it. https://docs.github.com/en/site-policy/github-terms/github-t...

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panny 4 days ago | parent | prev [-]

The important part of his statement to me was:

>on my site

That means not uploaded to github. That means self hosted, as is the point of the main discussion.

>these scanners don't respect the LICENSE file

I don't think github scans outside repos, but what is stated there certainly applies to OpenAI and others. They don't have a license to do what they are doing, but the US is not enforcing copyright law on them out of fear of losing the AI race.