When you upload code to github you give other people the right to fork it... I knew that already. But you license it. You don't give anyone the right to fork it and not abide the license. So if I fork it, I'm still giving Microsoft rights I don't have, I'm giving them the right to violate the license. That makes it illegal for me to fork it.
Let's say I am on a git mailing list, following a project, and I upload that project to github one day. It's licensed GPL. Microsoft says I give them the right to violate the license, and in uploading it I implicitly attest that I have the right to do so. I've violated the license? It's illegal for me to upload the code, with the license, to github, because Microsoft demands rights I don't have to give? Then let's say someone else forks it. They've now also violated the law?
It's nonsensical. The license is the binding ToS here, period, it doesn't matter what Microsoft's lawyers argue. Everything else is secondary.