Why not just respond to the initial dcma rather than playing a game of cat and mouse. No one is going to use it while it has dubious copyright status anyway.
They did. https://github.com/github/dmca/blob/master/2013-03-06-LayerV... Mirroring it while Github drags their feet reenabling seems fair enough.
"[...] replaces the removed material and ceases disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless its designated agent first receives notice from the person who submitted the notification under subsection (c)(1)(C) that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the service provider’s system or network."