[BUG] Reputational threat to users who fork this repo? DMCA

Status Fixed / completed
Maintainer reply ✓ Yes — emcd
Activity 6 comments · opened Mar 31, 2026 · closed Apr 2, 2026
💡 Likely answer: A maintainer (emcd, contributor) responded on this thread — see the highlighted reply below.

Preflight Checklist

  • [x] I have searched existing issues and this hasn't been reported yet
  • [x] This is a single bug report (please file separate reports for different bugs)
  • [x] I am using the latest version of Claude Code

What's Wrong?

My repository mbailey/claude-code-fork is a fork of Anthropic's own official public repository at https://github.com/anthropics/claude-code. It is NOT a fork of, nor related to, the nirholas/claude-code repository that was the subject of the DMCA takedown notice (2026-03-31-anthropic.md).

The takedown notice targeted the nirholas/claude-code fork network, which contained allegedly leaked proprietary source code. My repository belongs to a completely separate fork network -- the one originating from Anthropic's own official public repo at anthropics/claude-code. It was incorrectly swept up when GitHub processed the takedown against the entire network of 8.1K repositories.

GitHub's Terms of Service (Section D.5 - License Grant to Other Users) explicitly grants users the right to fork any public repository. My fork was created in accordance with this right, directly from Anthropic's own public repo.

What Should Happen?

It doesn't help the reputation of a Claude Code user to have a DMCA takedown notice in a repo in their GitHub account.

I suspect this may have been GitHub's fault as I did not see my repo URL in the complaint from Anthropic.

I have submitted a DMCA Counter-Notice through GitHub's form.

  1. Remove my fork from your DMCA notice (if it was included)
  2. Notify GitHub that the DMCA has been mistakenly applied to at least one fork of anthropics/claude-code

Error Messages/Logs

epository unavailable due to DMCA takedown.

This repository is currently disabled due to a DMCA takedown notice. We have disabled public access to the repository. The notice has been publicly posted.

If you are the repository owner, and you believe that your repository was disabled as a result of mistake or misidentification, you have the right to file a counter notice and have the repository reinstated. Our help articles provide more details on our DMCA takedown policy and how to file a counter notice. If you have any questions about the process or the risks in filing a counter notice, we suggest that you consult with a lawyer.

Steps to Reproduce

Visit my fork of anthropics/claude-code at https://github.com/mbailey/claude-code-fork

Claude Model

Other

Is this a regression?

I don't know

Last Working Version

_No response_

Claude Code Version

1.1.1

Platform

Other

Operating System

Other

Terminal/Shell

Other

Additional Information

_No response_

View original on GitHub ↗

6 Comments

duaneking · 5 months ago

A lot of people are in the same boat with this; All a lot of people did was fork this public repo... Something normal and expected for Github.

mbailey · 5 months ago

Claude filled out the DMCA Counter claim form on GitHub and my fork was reinstated minutes.

I'm on my mobile phone now so can't look up the URL to share but Claude code is quite capable of helping resolve this issue.

GitHub still hasn't responded to my question regarding whether my repo was named in the complaint. I think a DMCA complaint is quite appropriate for the Claude code source code but I would be interested to know the root cause of these forks being taken down. It could well be Microsoft incompetence.

emcd contributor · 5 months ago

Also filed a DMCA Counter-Notice yesterday but have yet to receive a response. It is not clear to me that my legitimate fork of the official, public-facing Claude Code repository from more than a year ago is not marked, in some way, as being suspect. (The fork was made to help Anthropic improve their documentation to mitigate severe breakage that the Claude Code autoupdater could cause in some circumstances. No good deed goes unpunished.)

Likewise, I do not know whether this is due to the usual Anthropic arrogance and incompetence or due to Microsoft incompetence, but either way, I do not want to live under the shadow of possible reputational damage, whether public or internal to Github records. Either Anthropic or Github needs to provide an assurance that they made a mistake and remove any doubt as to whether people are being wrongfully punished for using a standard, officially-encouraged Github mechanism for open source contribution.

emcd contributor · 5 months ago

Looks like a retraction was issued, but never communicated, to those affected by the original DMCA notice. Basic courtesy and decency would suggest that, if you serve someone with a DMCA notice via email, then you would also notify them of the retraction via email.

mbailey · 5 months ago

I filed this at the start of a workday - now the work week is over I want to update.

  1. My fork of anthropics/claude-code was replaced with a DMCA notice by GitHub (Microsoft)
  2. My fork was not mentioned in Anthropic's DMCA notice
  3. It appears GitHub fucked up by applying it to forks of other repos based on repo names.

I love working with Claude every day and have mixed feelings about the source leak.

I'm sure it's caused a lot of stress for team members but I don't think it will harm Claude Code in the long run. Imitators have their work cut out for them keeping up and re-implementing the work of others seems unlikely to appeal to true innovators.

As an enthusiast, reading the source of Claude Code feels a bit like Leonardo da Vinci sneaking into morgues.

famously conducted extensive, largely illegal human dissections to master anatomy for his art, which involved sneaking into morgues and working by candlelight

.

github-actions[bot] · 4 months ago

This issue has been automatically locked since it was closed and has not had any activity for 7 days. If you're experiencing a similar issue, please file a new issue and reference this one if it's relevant.