To prove tortious interference with a contract, a plaintiff must establish several elements, including that The defendant’s conduct led to a breach of the contract; and The plaintiff suffered damage as a result.
The question would be whether Github users suffered a breach of contract for having any of our repos potentially shut down for a reason that involves a third party's claims of violation of DMCA.
As I recall, there was also an element where the DMCA claimant was protected if they could reasonably believe within good faith that their takedown was valid.
There's also unseen elements at play. If you're publishing semi-anonymously, the counter-claim process can deanonymize you.
Republishing the same content at a slightly different URL is the obvious, cheapest solution.
Very few people have been able to claim damages from false DMCA takedowns, although the DMCA specifically allows for it.
