It will not be GitHub that will get sued. It'll be the developers that use the code without attribution.
The copyright infringement might not matter if code from individual developers is being used - they usually don't sue. But once this happens to say Oracle's copyrighted code... Well, that is going to be interesting.
Both can probably be sued - if you copy a copyrighted image from a website that claimed it was free, you are still violating the copyright if you use it as an example.
The copyright infringement might not matter if code from individual developers is being used - they usually don't sue. But once this happens to say Oracle's copyrighted code... Well, that is going to be interesting.