Comment by graemep
12 days ago
You might be able to get damages from github, especially as they have ignored a notification that there was infringing material. A lawyer would know.
The US allows damages per infringement without need to prove an actual loss, and per infringement.
We don’t know if OP filed the DMCA “optimally”.
In my experience GH usually does 512(c) takedowns in days; so it taking a month is quite abnormal. OP’s posted response suggests he didn’t file a copyright takedown but rather an anti-circumvention claim; which is a bit special in DMCA law, and generally best avoided when you have merits to do a regular 512(c).
We also don’t have details of the repo. The author has commented on another project that claims to be a LLM _re-implementation_ of Photopea, without directly using source. If that’s the case, it’s entirely understandable why GitHub won’t take it down.
Github supposedly manually verifies 1201 claims, which would explain the long wait on the response.