People have been complaining about the DMCA for 2+ decades now. I guess it's great if you are on the winning side. But boy does it suck to be on the losing side.
And normal people can't get on the winning side. I'm trying to get Github to DMCA my own repositories, since it blocked my account and therefore I decided it no longer has the right to host them. Same with Stack Exchange.
GitHub's ignored me so far, and Stack Exchange explicitly said no (then I sent them an even broader legal request under GDPR)
When you uploaded your code to GitHub you granted them a license to host it. You can’t use DMCA against someone who’s operating within the parameters of the license you granted them.
GitHub's terms of service specify the license is granted as necessary to provide the service. Since the service is not provided they don't have a license.
Hosting the code is providing the service, whether you have a working account or not.
Also was this code open source? Your stack exchange contributions were open source, so they don't need any ToS-based permission in the first place. They have access under CC BY-SA.
Some, not all. GitHub is unlikely to continue hosting the code on the basis that it's open source. If they do, I'll send them a GDPR request to detach my name from it, including in source code comments and package names.
It's not always clear that Stack Exchange always followed the CC license, and if they violated it once, it was terminated. The checkbox you have to click now to access the data dumps might be a violation. The data dumps don't come with copies of the licenses, so that's a violation.