"DMCA notice is obviously invalid (e.g. misrepresentation cases)"
This DMCA notice is obviously invalid, as it is a claim not that the source code identified infringes copyright, but that activities performed by users of a program that is compiled from source code that can be found on github, infringes.
It's not even a remote indirect claim. There is nothing about the source code, as source code, that infringes.
Just because you can make out a possible copyright claim against someone in court does not mean you can form a valid DMCA notice about it :)
This DMCA notice is obviously invalid, as it is a claim not that the source code identified infringes copyright, but that activities performed by users of a program that is compiled from source code that can be found on github, infringes.
It's not even a remote indirect claim. There is nothing about the source code, as source code, that infringes.
Just because you can make out a possible copyright claim against someone in court does not mean you can form a valid DMCA notice about it :)