UPDATE: According to the web archive [2], the LICENSE file was committed first 10 months before Mar 12 2020, i.e. sometime in May 2019. That looks a lot like so

UPDATE: According to the web archive [2], the LICENSE file was committed first 10 months before Mar 12 2020, i.e. sometime in May 2019. That looks a lot like someone wanted to commit it as Open Source just before the acquisition finalized, and may make your battle harder. UPDATE 2: Found possible confirmation unfortunately that EdgeFS was not Open Source before May 2019 (retrieved May 8,2020 [3]): dmitry_yus 3 points·1 year ago Fair points and let me provide some clarifications! :-) Yes, EdgeFS isn't open sourced at the moment but we are moving in direction of opening it up under Apache License. That's our intent and sooner or later this will happen." As always, I am not a lawyer and this doesn't constitute legal advice, and you should see a lawyer for accurate details. That said, if Github tells you when you forked, and you can show their license file at the time was an Open Source license, then you should be able to point that out. Where things get murky and you may be SOL are if any of these are the case: * You Open Sourced it yourself rather than forking via Github * There was no license file * You worked on the project for them as your employer at any point * The fork occurred in May 2019 or afterwards * The project was uploaded to Github, or Open Sourced, in May 2019 or afterwards Fighting a DMCA is an uphill battle, as there is no risk to Github in enforcing it, but a big risk for them in fighting it. They make their money off of commercial users I suspect, so if commercial users stop believing Github will uphold their IPR, then they'll stop paying. If any of the above conditions are true I would expect it to be a steep uphill battle. It may be a steep uphill battle requiring lawyers to fight anyway, since it revolves around IP in an acquisition. What it may come down to is that code Open Sourced before May 2019 is ok, code Open Sourced after that might be under a cloud (and basically means you shouldn't use it unless you're willing to fund a long and painful legal battle). A sad end to one of the flag bearers of the Illumos effort (I believe I remember reading Adam Leventhal of Nexenta on the Developers Council[1]). [1] https://web.archive.org/web/20160710123826/http://wiki.illumos.org/display/illumos/illumos+Developers%27+Council+Meeting%2C+May+16%2C+2012 https://web.archive.org/web/20160710123826/http://wiki.illum... [2] https://web.archive.org/web/20200312165928/https://github.com/Nexenta/edgefs https://web.archive.org/web/20200312165928/https://github.co... [3] https://www.reddit.com/user/dmitry_yus/ https://www.reddit.com/user/dmitry_yus/