Wouldn't that mean that any wealthy competitor that wants to trash GitHub would just invest money in throwing DMCA takedowns at github.com/* ?
How does that make me, a developer, want to keep up doing business with them?
How does that make me, a developer, want to keep up doing business with them?
If bad complaints are not dismissed by the courts, then it's a really bad law, or a bad court. That is a problem for GitHub, granted. If you are shopping for a source code hosting service that will insulate you from such DMCA claims, then sure, GitHub has just shown they won't do that. I guess!
I'm not sure that will have any measurable impact on their business model. They were never to my knowledge in the business of providing that kind of protection, before or after Microsoft.