>>evan_+(OP)
Usually you can't go after people for creating content, even if it's a copyright violation. They also can't "uncreate" it, they can't delete the concepts from their brain. You can only stop them from publishing/selling it.
In this case the code was on GitHub before, so they wouldn't even need to give the code to the new target entity, this entity could just copy it from an undisclosed person who has a copy.