"This language also refers to computer programs, such as Napster, et al., and by extension to the websites that host them.
"
No, it doesn't.
Napster itself was not the subject of a DMCA take down
It was the subject of a copyright lawsuit. Nobody filed DMCA notices about the hosting of Napster binaries.
Napster in fact, sought protection under 512 for other reasons.
"that is, on its face, valid under the law as presently written."
I don't know how many times i have to say this DMCA notice is not valid on it's face.
Do you think if i file a DMCA notice, and tell you to take down something because it is infringing my patent or trademark, that it is a valid DMCA notice?
Assuming not (because if yes, there is simply no hope for this discussion), what legal difference do you believe exists between that, and a DMCA notice also not targeted at something statutory to DMCA, like this one?
"They can't do this until and unless GitHub fails to properly respond to the DMCA notice. "
False. This assumes they were going to sue for direct infringement of a user hosted file. They weren't.
No, it doesn't. Napster itself was not the subject of a DMCA take down It was the subject of a copyright lawsuit. Nobody filed DMCA notices about the hosting of Napster binaries. Napster in fact, sought protection under 512 for other reasons.
"that is, on its face, valid under the law as presently written."
I don't know how many times i have to say this DMCA notice is not valid on it's face.
Do you think if i file a DMCA notice, and tell you to take down something because it is infringing my patent or trademark, that it is a valid DMCA notice?
Assuming not (because if yes, there is simply no hope for this discussion), what legal difference do you believe exists between that, and a DMCA notice also not targeted at something statutory to DMCA, like this one?
"They can't do this until and unless GitHub fails to properly respond to the DMCA notice. "
False. This assumes they were going to sue for direct infringement of a user hosted file. They weren't.