You are equating a voluntary act of creation, committing to a github repository, to an act of theft and a violation of private property rights. You have gone off the rails.

Anyone using github activity as a proxy to evaluate a developer's quality of work needs to be aware that they are using an imperfect heuristic. It is extremely easy to game. This is not even remotely similar to property theft.

If you find that your shortcut heuristic is no longer reliable (which is inevitable in the long run) then you need stop using that metric and find better, more accurate signals to evaluate a developer's contributions. If the green boxes aren't cutting it, you need to do the work instead of taking a shortcut. It's as simple as that.

https://en.wikipedia.org/wiki/Goodhart%27s_law