It was an unfortunate situation. I don't entirely know how GitHub handled things before the Microsoft acquisition but it also wouldn't surprise me if Microsofts legal department is more risk adverse compared to GitHub internal.

> I would blame the law (DMCA), not those forced to abide by the law (Github)

It seems even in the context of US-based companies that some companies are a little more "trigger-happy" with DMCA and other claims compared to others.