I agree that making decisions like this puts the company in a bad position and is risky for them. But it's not like GitHub can suddenly pull the plug on ICE and instantly delete all their code; no data will be lost. There are plenty of alternatives to GitHub so ICE doesn't have to worry about their code being taken down, beyond the small cost of migrating to another service. You can't say the same about the traditional utilities which are normally granted a monopoly.