If an open-source game port receives a DMCA takedown, preserve the repository and every notice before changing anything. Make a local, read-only clone; save commit hashes, release archives, licenses, asset-provenance records, issue discussions, the takedown email and all URLs named in it. Then determine whether the complaint is mistaken, partly valid or fully valid. Your next step—counter-notice, removal, negotiation or legal advice—depends on that classification.
This guide describes GitHub’s published process as it stood in 2026. It is procedural information, not legal advice; copyright rules and court procedures vary by country and by the jurisdiction named in a counter-notice.
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1. Preserve evidence before the repository changes
GitHub can make a public repository unavailable after receiving a facially complete DMCA notice. A hosted page is therefore not a reliable sole copy. Preservation should be your first action, before force-pushing, deleting files or accepting a settlement.
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- Record immutable identifiers. Save commit IDs, tag names, release checksums, submodule references and the exact URLs for files, releases, issues, pull requests and discussions named in the notice.
- Capture the public state. Export or print the README, contributor list, license files, copyright headers, release pages and relevant issue or pull-request conversations. Include timestamps and, where practical, cryptographic hashes of saved files.
- Preserve the notice itself. Keep the complete email or web submission, attachments, headers, claimant contact details and GitHub’s confirmation. Do not rely on a paraphrase.
- Freeze provenance records. Gather upstream licenses, contributor agreements, permission emails, asset purchase or creation records, build scripts and notes showing where game data, artwork, music, fonts, trademarks and encryption keys came from.
Do not alter evidence to make a later explanation easier. Work from a read-only copy and perform any cleanup in a separate branch or new repository.
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2. Read the complaint line by line
A valid GitHub notice should identify a copyrighted work and the material allegedly infringing it. Check whether the notice identifies specific paths, commits, releases or assets, or instead makes a broad claim about an entire project. A repository can combine independently authored code, third-party libraries and game assets under different licenses, so one disputed file does not automatically establish that every file is infringing.
Separate expressive code from functional elements
Copyright generally protects original expression, such as source code, artwork, music and written documentation. Functional ideas, interfaces and methods can receive different treatment, depending on jurisdiction. Compare the claimant’s description with the actual files and history rather than assuming that a similar feature or protocol proves copying.
Check ownership and permissions
For each allegation, identify who wrote the code, who owns the asserted work and what permission was granted. Review contributor-license agreements, inbound assignments, upstream open-source licenses and notices in vendored dependencies. A project may have a license to distribute code even when it lacks permission for proprietary game data.
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Look for fair-use and anti-circumvention issues
Fair use or an equivalent local exception may matter, but it is fact-specific and is not guaranteed by calling a project “open source.” Examine the purpose, amount copied, market effect and whether the use is transformative under the applicable law. Treat any allegation involving leaked keys, bypassed technical protection or distribution of circumvention tools as a separate risk; removing a copyrighted texture does not resolve an anti-circumvention claim.
3. Choose a response based on the actual risk
Do not choose a response merely because it is the fastest way to restore downloads. Map the legal basis, scope, urgency, distribution rights and your tolerance for litigation.
| Response | Use it when | Main action | Principal risk or limit |
|---|---|---|---|
| Counter-notice | The notice appears mistaken or the project has a defensible ownership, license or fair-use basis. | Submit a complete sworn statement covering the disabled URLs and required legal declarations. | It can expose the sender to a lawsuit and requires consent to the jurisdiction stated in the notice. |
| Remove or replace | Specific files or assets are not lawfully distributable. | Delete proprietary assets, trademarks, copied code, leaked keys or other disputed material; document the change. | Removing files may not cure a broader claim, and a replacement build still needs a fresh provenance review. |
| Negotiate or clarify | The claimant may have identified the wrong files, owner or remedy, or a license can be demonstrated. | Exchange focused evidence and request withdrawal or a narrower notice. | Informal correspondence does not automatically restore content or suspend platform deadlines. |
| Obtain counsel | The notice alleges substantial copying, anti-circumvention, commercial harm, multiple jurisdictions or a threatened lawsuit. | Give a lawyer the preserved repository, notice and provenance map before making admissions or filing a counter-notice. | Professional advice costs money, but a sworn filing or public response can create greater exposure. |
4. Filing a GitHub counter-notice
GitHub describes a counter-notice as a legal statement, not a routine support ticket. File only if you have a good-faith belief that the material was removed or disabled because of mistake or misidentification. Examples in GitHub’s guide include a claimant who does not own the asserted copyright, an applicable license that authorizes the use or a valid fair-use basis. Consult qualified counsel before signing.
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Information a complete counter-notice must contain
- The exact disabled URLs or repository locations covered by the counter-notice.
- Your name, physical address, telephone number and email address.
- The required statement that you have a good-faith belief the material was removed or disabled because of mistake or misidentification.
- The jurisdiction and service-of-process statements required by GitHub’s current guide, including consent to the relevant court where applicable.
- A physical or electronic signature.
Copy the exact required language from GitHub’s current Takedown Notice Guide rather than reconstructing a template from an old blog post. Make the scope precise: do not attest to files or releases you have not reviewed. GitHub publishes complete actionable notices after redacting personal information, so assume that a counter-notice and identifying details may become public.
What happens after submission
GitHub says the claimant has 10–14 days to notify GitHub of a filed court action if the claimant wants the material to remain disabled. If GitHub receives no such notice, it says it will re-enable the material. The interval is a platform procedure, not a guarantee that another host, country or court uses the same deadline. Keep monitoring the account and preserve all correspondence during the period.
5. If the complaint is partly or wholly justified
Do not repost the same build while the dispute is unresolved. A mirror, new account or renamed release does not create distribution rights and can make the situation worse.
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Build a file-by-file rights map
List every claimed path and asset, its author or supplier, applicable license, permission evidence and planned disposition. Mark items as licensed, independently created, replaceable, removable or unresolved. Include generated files and installer bundles; an apparently clean source tree can still package proprietary data.
Remove what you cannot lawfully distribute
Take out proprietary game assets, copied code, trademarks used without permission, leaked keys and other material for which the project cannot establish rights. Update build scripts, documentation and release manifests so that a fresh checkout cannot silently recreate the disputed content. Ask contributors to review their own submissions where ownership is unclear.
Use a documented clean-room replacement
If the project can continue with new artwork, rewritten code or independently produced data, keep a dated separation record: who had access to the original material, what specifications were used and which files were produced independently. A clean-room process is evidence of separation, not an automatic legal shield. Before publishing a new release, repeat the license and provenance review and run an installer test that confirms excluded assets are absent.
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6. What happens to forks?
Forks are not automatically disabled when GitHub disables a parent repository. GitHub says a claimant must investigate and expressly identify allegedly infringing forks. Preserve the fork graph, including independent commits and dates, and explain any separate license, authorship or fair-use basis.
That protection is not immunity. For a large network, GitHub may consider broader disablement when a claimant makes the required sworn statement after representative review. GitHub’s policy identifies more than 100 repositories as the threshold at which it may consider disabling an entire fork network. A fork owner should therefore preserve evidence and conduct an independent rights review rather than assuming the parent’s outcome controls—or protects—the fork.
7. Backups, archives and lawful alternative hosting
Maintain an independently lawful backup before a dispute occurs. Keep source, build instructions, release artifacts and provenance records in more than one location, with access limited to trusted maintainers and integrity checks for each archive.
GitHub’s Archive Program includes public repositories by default and works with the Software Heritage Foundation and the Internet Archive. GitHub describes multiple copies and an Arctic Code Vault intended to last 1,000 years. Archiving preserves software history; it is not a license to redistribute copyrighted game assets, and an archive may still honor a valid takedown.
Before publishing a mirror, read that host’s acceptable-use and copyright procedures, confirm that every included file is distributable in the host’s jurisdiction and remove build outputs that embed restricted content. If only code is lawful to share, publish code-only sources and provide instructions that require users to obtain proprietary game data themselves only where that process is lawful.
8. Common mistakes and how to avoid them
- Deleting the only copy: Preserve a read-only clone and notice before editing.
- Counter-noticing on instinct: A counter-notice is sworn and can trigger litigation; obtain advice when ownership, fair use or anti-circumvention is uncertain.
- Re-uploading unchanged files: A new URL does not cure infringement and may violate a host’s repeat-infringer rules.
- Assuming an open-source license covers game assets: Code, music, images, fonts and trademarks can have different owners and terms.
- Treating a fork as automatically safe: Forks may remain online, but separately infringing files can still be identified and disabled.
- Relying on an archive as a distribution channel: Preservation services can comply with takedowns and do not grant redistribution rights.
- Missing the response window: Record the date of GitHub’s notice, the date of any counter-notice and the 10–14-day court-action period in a calendar monitored by more than one maintainer.
9. A practical incident checklist
- Assign one maintainer to communications and another to evidence custody.
- Clone and hash the repository, releases, issues and relevant forks.
- Save the complete notice and identify every URL, file and legal theory it names.
- Create the file-by-file rights map, including contributor and asset records.
- Pause releases and mirrors until the disputed material is classified.
- Ask counsel to review any proposed counter-notice, public statement or settlement.
- If removing material, update source, build scripts, documentation and release artifacts together.
- Publish only after a fresh provenance review and a clean build from the revised sources.
- Keep a private incident log of dates, decisions, evidence and communications.
GitHub’s published explanation is that the DMCA supplies two procedures: a takedown process for copyright holders and a counter-notice process for material removed by mistake or misidentification. The practical choice is not “fight or disappear”; it is a documented decision about rights, scope, evidence and risk.
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