Microsoft purchased GitHub in 2018. This change happened this year.
I think it kind of flies in the face of what Open Source Software should be. They’re walling off code behind accounts in the Microsoft ecosystem.
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I haven’t read through all the rules proper yet, but it looks like his specific circumstance you’re mentioning here has already been taken into account by the FCC. From the article:
Under the new rules, the FCC can fine telecom companies for not providing equal connectivity to different communities “without adequate justification,” such as financial or technical challenges of building out service in a particular area. The rules are specifically designed to address correlations between household income, race, and internet speed.
All of this is in the second paragraph of the article.