User publishes to github => Copilot trains with GitHub data => MS Sells copilot => User workes for Microsoft (in the sense of giving it's labour for MS to make money)

User publishes to github => Deepseek trains with GitHub data => Deepseek gives model away for free => User did not work for Deepseek (in the sense of giving it's labour for Deepseek to make money)

In the first case MS is giving part of Github itself away for free.

Exactly, it's intuitively different.