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Preserve evidence before changing anything. Make a local, read-only clone of the repository; save commit hashes, release archives, licenses, asset-provenance records, issue discussions, the takedown message and every URL named in it. Then determine whether the complaint targets code, game assets, trademarks, circumvention material or only a specific release. If the notice is mistaken, a counter-notice may restore the repository, but it is a sworn legal statement with litigation risk. If the complaint is valid, remove or replace the disputed material and do not repost the same build while the dispute is open.
Act immediately, but do not destroy evidence
A repository can disappear from its hosting account soon after a copyright notice. GitHub’s current policy describes an approximately one-business-day remediation process, so treat the notice as urgent even when you believe it is wrong. Do not force-push, delete history, overwrite releases or accept an automated “cleanup” pull request before you have preserved the original state.
Make an independent, read-only copy
- Clone the repository locally with its full history. Preserve branches, tags, submodules and large-file objects where technically possible.
- Record the repository URL, owner, visibility, fork relationships, commit IDs, release tags and the date and time of each capture.
- Save release archives, checksums, build scripts, issue and pull-request discussions, contributor notices, license files and any documented asset-provenance records.
- Export the takedown email or web notice in its original form, including headers when available. Capture screenshots or a PDF of the notice and the exact URLs it identifies.
- Store the copy in more than one controlled location. Keep one copy unchanged and make any analysis copy clearly separate.
A backup preserves evidence; it does not give you permission to redistribute copyrighted game files. Do not publish a mirror merely because you possess an archive.
Freeze public changes while you assess the claim
Pause releases, package builds and promotional posts that point to the disabled repository. Ask collaborators not to delete or “fix” disputed files. Preserve private contributor records and signing keys securely, but do not circulate leaked keys or other confidential material as part of the evidence set.
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Read the notice line by line
A proper copyright notice should identify the copyrighted work and the material allegedly infringing it. Compare each allegation with the project’s actual files rather than treating the whole port as one indivisible work. A game port may combine independently authored code, upstream engine code, fan-created patches, original assets, extracted game data, fonts, music, trademarks and build tools.
| What the claimant identifies | Questions to answer | Evidence to gather |
|---|---|---|
| Source code or a distinctive code section | Who wrote it? Was it copied, contributed under an agreement, or available under a compatible license? | Commit history, contributor agreements, upstream repository, license text and creation records |
| Images, models, music, dialogue or other game assets | Are these original project assets, openly licensed replacements, or files extracted from the commercial game? | Asset manifests, import scripts, purchase or permission records, provenance notes and hashes |
| Names, logos or other trademarks | Does the build use branding in a way that suggests sponsorship or authorization? | Project name history, artwork sources, notices and a plan for neutral replacement branding |
| Keys, loaders or circumvention instructions | Does the complaint allege bypassing an access control? Are files intended to defeat a technical protection measure? | Distribution contents, installer behavior, documentation and counsel’s analysis of anti-circumvention law |
| A whole repository or release | Which exact files are claimed, and is the requested remedy broader than the alleged copying? | Notice wording, path lists, tags, release manifests and a file-by-file comparison |
Check contributor licenses and any assignment or employer agreements. An open-source license can authorize reuse of code while leaving third-party art, sound or trademarks outside that permission. Functional elements may receive different copyright treatment from expressive code, but deciding whether a particular implementation is protected or whether fair use applies is fact-specific.
Choose a response based on the actual problem
When the notice appears mistaken
Potential grounds include a claimant who does not own the identified work, a license that authorizes the use, material that was misidentified, or a fair-use basis. An error in one path does not automatically defeat a separate claim about another asset. Build a written map connecting every challenged file to its author, license or independent creation record.
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Do not file a counter-notice simply because the project is popular or the takedown harms users. GitHub describes a counter-notice as a legal statement and says you must have a good-faith belief that the material was removed or disabled because of mistake or misidentification. A false statement can expose you to a court action. Consult a qualified lawyer in the relevant jurisdiction before signing.
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When only part of the project is problematic
Ask the host whether the notice can be addressed by removing specifically identified files or releases. Remove proprietary game data, copied code, trademarks, leaked keys and other material you cannot lawfully distribute. Keep a private evidence copy, but do not leave the disputed material in downloadable release archives, container images, package registries or documentation snippets.
Review generated files and submodules as well as the obvious source path. A clean-looking source tree can still ship infringing assets through an installer, a binary release or a repository history. Publish a new build only after a fresh license and provenance review.
When the complaint is substantially justified
Do not repost the same build on another public host while the dispute is unresolved. Re-uploading can increase exposure and make a later settlement harder. If a clean-room rewrite or replacement asset set is feasible, document who created it, what reference material they used and how it was kept separate from copied files. A new build is not “clean” merely because filenames changed.
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Pause distribution and seek counsel. GitHub says the Electronic Frontier Foundation may help directly or refer a lawyer in particularly challenging matters, and it names the Software Freedom Law Center for open-source legal advice. Availability, eligibility and response times can change, so verify current details before relying on either organization.
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How to prepare a GitHub counter-notice
This procedure applies to GitHub’s process; another host may require different forms, deadlines or jurisdiction statements. Use GitHub’s current Takedown Notice Guide for the exact wording rather than copying an old template.
- Identify the disabled material. List every disabled repository, release or URL that you are asking to restore. Be precise; do not ask for unrelated repositories to be re-enabled.
- State your good-faith belief. Explain why removal resulted from mistake or misidentification, such as a valid license, independent creation, lack of ownership by the claimant or a documented fair-use basis.
- Provide complete contact details. Include your legal name, physical address, telephone number and email address as required by the guide. Use details at which legal papers can actually reach you.
- Include the required jurisdiction and service statements. GitHub’s guide specifies the language, including consent to the appropriate federal court jurisdiction and acceptance of service of process. Copy the current text exactly; do not reconstruct it from memory.
- Sign the statement. A physical or electronic signature is required. Keep a signed copy and the version of the guide used.
- Submit it through the channel GitHub currently specifies. Preserve the submission confirmation and all follow-up correspondence. Do not edit the repository to imply that restoration has already occurred.
GitHub publishes complete actionable notices after redacting personal information. Assume that a counter-notice and the identifying information it contains may become public, and discuss that consequence with counsel before submitting.
What happens after a valid counter-notice
Under GitHub’s stated process, the claimant has 10–14 days to notify GitHub that a court action has been filed. If GitHub does not receive that notice within the applicable period, GitHub says it will re-enable the material. The range reflects the wording of the current policy and guide; it is not a guarantee that another host, court or country follows the same timetable.
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Keep monitoring email, repository status and any legal-service address you provided. Restoration does not decide ownership, license scope or fair use, and it does not prevent a new notice based on different material. If the claimant files an action, stop treating the matter as a platform-support ticket and follow your lawyer’s instructions.
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Understand what can happen to forks
Disabling a parent repository does not automatically disable every fork. GitHub states that a claimant must investigate and expressly identify allegedly infringing forks. Preserve fork relationships, including which commits were inherited and which were independently developed, and document any separate license or fair-use basis.
For networks containing more than 100 repositories, GitHub may consider broader disablement when the claimant makes the required sworn statement after representative review. That threshold is a platform policy point, not a safe harbor. A fork can still be disabled if it is specifically identified, and an independent fork can still infringe even when the parent was lawful.
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Separate code, assets and branding
- Maintain a manifest that maps each distributed file to its author, license and source.
- Remove extracted commercial game data unless you have explicit distribution permission.
- Replace disputed art, music, fonts and models with newly created or clearly compatible assets.
- Remove logos, names and screenshots that imply authorization when no such authorization exists.
- Keep installer scripts from downloading restricted files automatically.
- Do not include decryption keys, leaked credentials or tools whose purpose is to bypass a technical protection measure without specialist legal advice.
Rebuild from a clean point
Create a new repository or branch from a documented commit that contains no disputed material. Record the removal commit, replacement authors, review sign-offs and the exact files included in each release. Have someone who was not the original asset importer perform an independent provenance check. Scan archives, generated binaries and container layers; deleting a source file does not remove it from an already published artifact.
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State which files users must obtain themselves, where lawful, and what the project does not provide. Do not link to mirrors that distribute the removed game assets. Keep notices factual: a replacement build can reduce risk, but it is not a legal determination that the original claim was invalid.
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Use archives and mirrors carefully
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. Those preservation systems are not a license to redistribute copyrighted game assets, and an archive may still honor a valid takedown.
Maintain an independently lawful backup under your organization’s control. Before publishing a mirror, read the mirror’s terms, confirm that you have rights to every object and release, and establish a process for responding to notices. A private archival copy for evidence and a public download mirror have different legal and operational consequences.
Prevent the next takedown from becoming a crisis
- Require a provenance record before accepting any non-code asset or external dependency.
- Store license texts and attribution notices alongside the exact version used.
- Use contributor agreements that clarify licensing and the contributor’s authority to submit the work.
- Keep a release manifest, reproducible build instructions and hashes for every published artifact.
- Separate optional user-supplied game data from the open-source engine and test that the default build contains none.
- Designate a monitored legal-contact address and an incident owner who can preserve evidence immediately.
- Keep offline and geographically separate backups, with periodic restore tests.
- Review new upstream code, assets and submodules before merging; an upstream license change can affect a later release.
The practical order is consistent: preserve first, identify the exact material, obtain legal advice before any sworn statement, then either remove and replace what you cannot distribute or submit a carefully supported counter-notice. That sequence protects evidence without treating an archive, a fork or a new host as permission to publish disputed content.
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