Few would deny that the rise of GitHub as a popular hosting service for software projects is one of the most significant developments to affect open source during the past five years. GitHub's extraordinary success is necessary context for understanding the criticism leveled at it during the past year from some within or close to the open source world. This criticism has focused on licensing, or rather the lack of it: it is claimed that GitHub hosts an enormous amount of code with no explicit software license. Some critics have suggested that this situation results from a combination of the ignorance of younger developers about legal matters and willful inaction by GitHub's management. In a followup article I will discuss the measures recently taken by GitHub to address these concerns; this article explores aspects of the complaint itself.