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The maintainers behind this repo may also have more interest in filing a DMCA counter-notice.

The maintainers of the previous repo didn't get a chance to file a counter-notice. That's why many people are upset at github about this, they took down the repo (and all of the forks, I think?) as soon as they received the letter from the RIAA.

You can file a counter-notice after it gets taken down, and then the repo will be reinstated. That's my understanding of how it usually works.

I suspect the problem is the counter notice. You must agree to be held to US law and the maintainer resides in Germany.

According to the DMCA, the entity that files a counter notice consents to jurisdiction of the US district court of their residence. If not a resident of the US, jurisdiction is the district where the service provider is located. Once a counter notice is filed, one cannot argue the law doesn't apply because of lack of jurisdiction.

so instead,they probably have to sue github in germany

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