Forks are easy for Github to shut down simultaneously. What you really want is to upload the code as a new repo (ideally a different name from the original one)

Forks are easy for Github to shut down simultaneously. What you really want is to upload the code as a new repo (ideally a different name from the original one). But it shouldn't be too hard in practice to detect uploading the same codebase as one that's taken down if that's desired.