> I understand that Github doesn’t have the resources to investigate each and every DMCA notice.
The DMCA as written really encourages no investigation whatsoever on the part of the service provider, this is pretty much how everyone acts. File a counter-notice with the service provider if you don't think your content violates anyone's copyright.
In this case, if Github took it down because of a DMCA notice, i think Github actually behaved _better_ than Gitlab. Github is simply following DMCA, if you file a counter-notice, they'll probably restore it -- if they don't, and say it's not an issue of copyright, it's just that they don't want to host your material, then at that point they'll be behaving similarly to Gitlab. Gitlab did not take it down because of a DMCA notice, they took it down because they decided it was 'egregious' and they just didn't want to host it.
I can't find any gitlab docs on filing a DMCA counter notice. Their DMCA policy at https://about.gitlab.com/dmca/ is short and solely targetted at those claiming infringement, there is no description of how to file a counter-notice.
In this case, I think github wins. The terrible parts of github's counter-notice policy (10-14 days until your content comes back) is part of the DMCA law. Take it up with your congresspeople. http://io9.gizmodo.com/the-dmca-how-it-works-and-how-its-abu...
However, reading OP again -- it's not clear to me that Github took it down because of DMCA. They may simply be acting exactly like Gitlab, taking it down because they don't want to host it, unrelated to DMCA. But I wanted to clear up some things about the DMCA, since OP mentioned it.
>>>it's not clear to me that Github took it down because of DMCA.
Exactly, there seems to be a common misunderstanding that if anything is taken down then it because of DMCA, there are number of ways content may be removed from a platform, be it GitHub, Facebook, YouTube, etc. Not all of it is DMCA.
In fact for large platforms that offer take down processes outside of DMCA I would say the vast majority is not, for example anything taken down via ContentID on Youtube is NOT a dmca take down.
The DMCA as written really encourages no investigation whatsoever on the part of the service provider, this is pretty much how everyone acts. File a counter-notice with the service provider if you don't think your content violates anyone's copyright.
In this case, if Github took it down because of a DMCA notice, i think Github actually behaved _better_ than Gitlab. Github is simply following DMCA, if you file a counter-notice, they'll probably restore it -- if they don't, and say it's not an issue of copyright, it's just that they don't want to host your material, then at that point they'll be behaving similarly to Gitlab. Gitlab did not take it down because of a DMCA notice, they took it down because they decided it was 'egregious' and they just didn't want to host it.
https://help.github.com/articles/guide-to-submitting-a-dmca-...
I can't find any gitlab docs on filing a DMCA counter notice. Their DMCA policy at https://about.gitlab.com/dmca/ is short and solely targetted at those claiming infringement, there is no description of how to file a counter-notice.
In this case, I think github wins. The terrible parts of github's counter-notice policy (10-14 days until your content comes back) is part of the DMCA law. Take it up with your congresspeople. http://io9.gizmodo.com/the-dmca-how-it-works-and-how-its-abu...
However, reading OP again -- it's not clear to me that Github took it down because of DMCA. They may simply be acting exactly like Gitlab, taking it down because they don't want to host it, unrelated to DMCA. But I wanted to clear up some things about the DMCA, since OP mentioned it.