I thought the OPer name looked familiar. On our second point though, the OP seems to suggest that this was the mechanism GitHub recommended using and the DMCA d

I thought the OPer name looked familiar. On our second point though, the OP seems to suggest that this was the mechanism GitHub recommended using and the DMCA does seem to include language for tooling that circumvents access controls, but if I remember the DVD situation correctly it wasn't upheld at least in that situation, at least in some jurisdictions -- fair use.