And how would DMCA apply in this case?
I'm not saying it's right. I think there needs to be a stipulation in the DMCA to allow service providers to actually be able to research and think about the take down request. As it stands right now - you can send a DMCA takedown for any github repo and github MUST ASAP disable that repo - no questions asked. Of course - asking to take down a repo filled with material that isn't copyright to you could get you into legal trouble. However, I doubt people in China care about US laws - especially if they are the government themselves. Would you sue the Chinese government for wrongful DMCA takedown of your github repo?