Safe Harbor doesn't give GitHub the authority to decide whether the notice would hold up in court; they need to comply with properly formatted notices if they want to keep their safe harbor status
Is it really that draconian? So, if I find a blog post on github pages that I don't like, I'll just submit a completely bogus claim of copyright infringement, and it'll be gone? (I realize that fraudulent DMCA takedown notices are supposedly illegal, in order to "prevent" such abuse).
As implied by other comments, this is clearly not a valid notice: it would either have to be a claim that the code itself was infringing, or that it constitutes a DRM circumvention tool (like DeCSS). Neither is the case here, as far as I can tell.
In any case, if this software is illegal under the DMCA, so would the "cp" command be -- as it can be used to make copies of copyrighted contents (note that neither tool circumvents DRM).
