DMCA counter notice pending for almost 2 months with no substantive response

[joinquit3110]

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Hi everyone,

I’m trying to understand whether this is a normal processing delay or whether my DMCA counter notice may be stuck somewhere in GitHub’s review process.

My repository was disabled following a DMCA takedown in late July. I submitted a formal DMCA counter notice through GitHub’s Copyright Claims Form on July 25, 2026.

Since then, I have received confirmation that my support requests were received, but I still have not received a substantive response confirming whether the counter notice has been:

reviewed and determined to be complete and actionable;
forwarded to the complaining party;
placed into the 10–14 business day waiting period; or
held because a specific required element is missing.

I have followed up multiple times through GitHub Support and copyright@github.com.

I also submitted an additional clarification in case one ownership-related field in my original counter notice was incomplete. In that clarification, I confirmed that I am the owner and maintainer of the disabled repository and that the counter notice concerns code authored for that repository.

At this point, it has been almost two months since the original counter notice was submitted, and I still do not know whether it has actually entered the DMCA forwarding process.

I’m not asking the Community to evaluate the copyright dispute itself. I’m only trying to understand the processing and escalation procedure.

Has anyone recently had a DMCA counter notice take this long before being reviewed or forwarded?

Is there an official escalation path for a counter notice that appears to be stuck before the “complete and actionable” stage?

For reference, my GitHub Support tickets are:

#4600853
#4671063

Thanks for any guidance from people who have dealt with this process before.

[kit1211]

Hi @joinquit3110 — DMCA counter notice timelines are unfortunately slow and often opaque.

Normal DMCA counter notice process

1. Rights holder submits takedown → repo disabled
2. You submit counter notice via Copyright Claims Form
3. GitHub forwards counter notice to complainant
4. Complainant has 10–14 business days to file court action
5. If no lawsuit filed → GitHub may restore repo after waiting period

Total realistic timeline: 2–6 weeks minimum, sometimes longer.

Why 2 months with no substantive response

• Waiting period may still be running
• Complainant may have responded, extending review
• High volume in Copyright team queue
• Ticket may need manual escalation

What to do now

1. Reply on existing support thread (do not open duplicate) with:
   • Counter notice submission date (July 25)
   • Repo name + takedown reference number
   • Ask: "Has the waiting period expired? What is current status?"
2. Check email (including spam) for GitHub Legal / Copyright team
3. If complainant did not sue within statutory period, cite 17 USC § 512(g) waiting period in your follow-up

Important

• Community cannot restore repos or speed legal review
• Only GitHub Copyright/Legal team can action counter notices
• Do not republish content until officially restored — risks account action

Escalate with: "Counter notice pending 8+ weeks, requesting status update and expected restoration date."

[joinquit3110]

Thanks for the detailed reply.

The part I’m concerned about is that I don’t actually know whether the 10–14 business day waiting period has ever started.

My timeline is roughly:

July 23: GitHub sent the DMCA takedown notice.
July 24: The repository was disabled after the response window expired.
July 25: I submitted a formal DMCA counter notice through GitHub’s Copyright Claims Form.
August 6: I asked Support whether the counter notice had been reviewed, deemed complete/actionable, and forwarded.
August 17: I contacted copyright@github.com because I still had no substantive status update. This created another support ticket.
August 24 and August 27: I followed up again and specifically asked whether it was complete/forwarded, still pending review, or missing a required element.
September 8: I sent an additional clarification confirming that I am the owner and maintainer of the repository, in case an ownership-description field in the original counter notice had been considered incomplete.

I have still never received confirmation that the counter notice was determined complete and actionable, or that it was forwarded to the complaining party.

So my concern is that this may be stuck before the forwarding stage, rather than simply being within the statutory waiting period.

My existing GitHub Support tickets are #4600853 and #4671063.

Have you seen cases where a counter notice remained in this pre-forwarding/review state for this long?

And if so, is there any escalation route other than repeatedly replying to the same Support/Copyright threads?

Thanks again.

[kit1211]

Hi @joinquit3110 — stuck pre-forwarding 8+ weeks is abnormal. The 10–14 day clock starts only after GitHub forwards to complainant.

Escalation

1. One reply on #4600853 referencing #4671063 — ask to merge/escalate
2. Ask explicitly: received? complete? forwarded? date forwarded?
3. Follow up copyright@github.com with both ticket numbers
4. Cite 17 USC §512(g)(2)(A) — valid counter notice must be forwarded promptly

Your Sep 8 ownership clarification was the right move. Usually missing form field or ticket sitting unassigned in Legal queue.

If no answer in 7 days: "Request escalation to Legal — pending since July 25, no forwarding confirmation."

Do not republish until written restoration confirmation.

[kit1211]

Hi @joinquit3110

@krif014's point about sufficiency review is important. Your concern that forwarding never started after 8 weeks is valid.

Add this to ticket 4600853 in one message:

"I submitted counter notice July 25 2026. Please confirm in writing: (1) received, (2) reviewed for completeness, (3) forwarded to complainant, (4) date forwarded. If incomplete, specify exact missing element."

If no substantive response within 7 days, reply requesting escalation to GitHub Legal with reference to 17 USC 512(g).

Do not republish repo content until you receive written confirmation of restoration or expiration of complainant response period after verified forwarding.

[krif014]

Hi @joinquit3110 , your concern about whether the waiting period ever started makes sense.

GitHub's current DMCA documentation says that when a counter notice is sufficiently detailed/complete, GitHub posts it publicly and passes it back to the copyright owner. GitHub then says it will wait 10–14 days before re-enabling the content unless the copyright owner provides notice of legal action.

Because you haven't received confirmation that your counter notice was accepted as complete/actionable or forwarded, I wouldn't assume that the 10–14 day period has started. I'd keep the follow-up focused on one concrete question: “Has my counter notice been determined to be complete and actionable and forwarded to the complaining party? If not, is anything required from me?”

You can also check GitHub's public DMCA repository for your counter notice, since GitHub says complete and actionable counter notices are published there after redacting personal information.

At this point, I'd continue through the existing Support/Copyright threads rather than submitting another counter notice, and keep the ticket numbers and submission dates together so the Copyright team can trace the history.

[joinquit3110]

Thanks @kit1211 and @krif014, this is helpful.

I’ve now sent one concise escalation on ticket #4600853, referencing #4671063, asking GitHub to confirm in writing:

whether the July 25 counter notice was received;
whether it has been reviewed and determined complete/actionable;
whether it has been forwarded to the complaining party; and
the forwarding date, if applicable.

I also asked them to identify the exact missing element if it is still considered incomplete, or escalate it for manual Legal/Copyright review.

I won’t submit a duplicate counter notice. I’ll wait for a substantive response and update this discussion if GitHub gets back to me.

I also checked the public github/dmca repository and I haven’t been able to find my counter notice there as of today, so I still don’t have any independent confirmation that it has been processed.

Thanks again for the guidance.

[kit1211]

Hi @joinquit3110

Good escalation on ticket 4600853. You asked exactly the right four questions.

About the public github/dmca repo:

1. Not every counter notice appears there immediately
2. GitHub posts counter notices after completeness review, not on receipt
3. Absence from dmca repo after 8 weeks supports your concern that forwarding never started
4. That is why written confirmation from Legal on your ticket matters more than checking dmca alone

What to do while waiting:

1. Do not submit duplicate counter notices (you already decided this correctly)
2. If no substantive reply within 10 business days, reply once on ticket 4600853: request status update and Legal queue position
3. Keep repo disabled state documented with dates for your records
4. Update this discussion when Support confirms received, complete, forwarded, or identifies missing element

If Support says incomplete:

1. Ask for the exact missing field cited in 17 USC 512(g)(2)(A)
2. Submit one corrected notice referencing original date, not a new unrelated submission

You are handling this correctly. The gap is on processing transparency, not your submission strategy.

[joinquit3110]

Quick update:

It has now been approximately two months since I submitted the counter notice on July 25, and I still have not received a substantive response from GitHub Support/Copyright confirming whether it has been reviewed for completeness or forwarded to the complaining party.

I sent a formal escalation on September 18, and I have now followed up again, referencing both support tickets #4600853 and #4671063.

I’m still trying to determine whether the notice is stuck in the completeness-review stage or simply waiting in the Legal/Copyright queue.

If anyone knows of an official escalation path beyond the existing Support/Copyright tickets, I’d appreciate the guidance.

I’ll update this discussion if GitHub provides a procedural status.

[swayamprabhu2005]

Hi there,

When it comes to DMCA notices and counter-notices, the processing is entirely handled by the internal GitHub Copyright and Legal teams due to strict legal regulations. Unfortunately, community members and forum moderators do not have visibility into legal queues or the ability to expedite the review process.

A few important points regarding your situation:

1. Do not re-publish or re-upload the contested code/repository under a different name while the notice is pending. Doing so can be flagged as a terms of service violation and can put your entire account at risk.
2. The standard turnaround can sometimes take longer if the original claimant files a legal response or if there is a high queue volume.
3. Your best course of action is to respond directly to the initial ticket/email thread opened by the GitHub Copyright team to request an updated status, explicitly noting that it has been pending for over 8 weeks.

Hope this helps clarify the process, and I hope your case is resolved soon!