Contradictory license information on Terms of Service page

[ColinM9991]

Please read our README.md and CONTRIBUTING.md files before creating an issue. If you are creating an issue to provide feedback about our Closed Policies, please note that we may not incorporate your feedback into our policies due to laws that limit our flexibility around those issues. If your feedback is not related to any of the questions below, feel free to delete the template questions and enter your comments in free form.

1. What's the name of the policy?

Terms of Service

2. Is this issue related to a specific section within one of our policies (e.g. the Terms of Service)? If so, please include a link to the section or subsection.

https://docs.github.com/en/site-policy/github-terms/github-terms-of-service#5-license-grant-to-other-users

3. Did you already open a pull request? If so, please include a link to the PR in the GitHub Docs repo.

No PR opened

4. Sometimes it's easier to just put your feedback text into an issue. If that's how you'd prefer to contribute, this is the section to do that.

The GitHub Terms of Service, namely the License Grant to Other Users section contradicts the information outlined on the GitHub Licensing page

The specific contradicting quotes are, from the Terms of Service

Any User-Generated Content you post publicly, including issues, comments, and contributions to other Users' repositories, may be viewed by others. By setting your repositories to be viewed publicly, you agree to allow others to view and "fork" your repositories (this means that others may make their own copies of Content from your repositories in repositories they control).

Compared to the content on the Licensing page

You're under no obligation to choose a license. However, without a license, the default copyright laws apply, meaning that you retain all rights to your source code and no one may reproduce, distribute, or create derivative works from your work

This is cross-posted from github/docs#35571

5. Why do you think this section or language needs improvement?

This is confusing and it's not immediately clear whether a fork and derivative is or is not allowed for a public repository in which the developers have not explicitly selected a license. Which takes precedence here - the inherited copyright or the terms of service?