> In order to maintain safe harbor, Github is only required to remove things in response to a valid DMCA notice.
Which is a dangerous bet to make, if they mis-classify a request as invalid they've lost their safe harbour and can be sued. It's easy to understand why they'd take the content down straight.
In order to maintain safe harbor, Github is only required to remove things in response to a valid DMCA notice.
They are welcome to push back on invalid ones with no fear of anything.
Invalid DMCA notices do not give any notice, so they wouldn't even be in trouble under the red flag provisions.