> GitHub makes it clear that they won’t refrain from deleting repos for whatever reason.
What actions or speech do you think Github has taken that makes that clear?
In general, I have seen Github stick to only taking things down according to the actual DMCA law, more than most companies that take things down pretty much whenever anyone asks them to.
Github has a DMCA Takedown Policy [1], that is better than most companies. Most companies policies -- if they even transparently publish them at all, which they often don't -- go well beyond what the DMCA requires in what they will take down. Compare to eg YouTube [2], which isn't really using a DMCA process at all, doesn't really have a transparent policy at all, and does not allow you to counter-notice. Github's policy is way better than most; but maybe there are occasions where they have been known not to follow their own policy, is that what you're saying?
From what I've seen, github has actually made it much more clear than most companies that they won't just randomly take things down for arbitrary reasons, but have a clear and transparent policy based on the DMCA. But maybe there are things I don't know.
In this particular case, though, someone else pointed out to me in another part of this thread -- it's not totally clear Github is even involved. From the text on the repo, it seems possible that OpenAI contacted the repo owner directly, and the repo owner decided to change the text of the repo README to say that, and that may all that has happened? If Github had actually done a "takedown" according to their usual procedures, I think the repo wouldn't be there anymore? But it's not really clear what's going on, or even what the repo owner _claims_ is going on, unless we have more info than appears in the linked repo README. It's not currently clear that Github is involved at all.
[1] https://docs.github.com/en/site-policy/content-removal-polic...
[2] https://www.eff.org/issues/intellectual-property/guide-to-yo...