>
If there would be no liability independent of the DMCA safe harbor, there is no mandate to follow the safe harbor process.The problem is that GitHub doesn't get to decide that. If they give up their option for safe harbor by not following the DMCA takedown process, the company claiming copyright can sue them. Even if they don't win, defending these things costs time and money.
I don't blame GitHub for just not wanting to deal with all that. You seem to disagree, and believe that GH should stand up and open themselves to legal liability for every random user on their site, which I don't think is practical or reasonable to expect of a for-profit corporation.
The remedy for this is simple: we need to stop relying on centralized solutions for things like this. There are a variety of options for this: Tor hidden services, IPFS, hosting outside the copyright holder's jurisdiction, etc. None of them are perfect, but relying on a for-profit corporation to host your even-remotely-legally-questionable material, you're setting yourself up to fail.