Exploring an increase in circumvention claims in our transparency data

GitHub's 2023 transparency report reveals a significant rise in Digital Millennium Copyright Act (DMCA) circumvention claims, with 406 notices processed in 2023 compared to just 92 in 2021. This increase is linked to a September 2021 update to GitHub's DMCA takedown submission form, which added questions about circumvention, allowing for better triage of such claims. Despite the uptick in allegations, the rate at which notices are processed specifically for circumvention has not increased, as many are resolved on other grounds like copyright infringement or policy violations. GitHub emphasizes its commitment to developers by ensuring that all credible claims are reviewed by legal and engineering teams, aiming to protect legitimate projects from unwarranted disruptions. The report also discusses the broader context of DMCA legislation, including a triennial rulemaking process that allows for temporary exemptions for noninfringing uses, with ongoing proceedings considering exemptions for software preservation and AI research. GitHub encourages developer engagement in DMCA reform and provides transparency by posting redacted notices in a public repository for analysis.