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It’s not GitHub’s fault the DMCA exists

Yea but it is their fault for how they handled it.

They could have froze and privated the repo and investigated the issue.

This isn't the same as a pirated move or song on YouTube. This is code. And version control or code repos are very important.

No, really, they have to wait for the counter notice or they are liable too. I’m sure MPAA would love to sue a billion dollar company and not just random people on the net.

As another commenter pointed out since it wasnt infringing directly (code wasn't infringing copyrighted code) it actually does not fall under that constraint.

Even if I'm wrong, this is a valid way to dos my repo. Like when it happens on YouTube people loose money right and that's some people's main income. This can be even worse.

How almost every service provider reacts to DMCA notices is by taking down the content ASAP, and if they receive a counter-notice, putting it back up after 2 weeks. They do not make any decisions on whether the content is actually infringing or not. By doing that, they make themselves liable if it actually is copyright-infringing material.

If you aren't okay with that, use a service provider in a jurisdiction not governed by DMCA laws, or run your own service provider and take on that liability yourself.

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