Anthropic says its leak-focused DMCA effort unintentionally hit legit GitHub forks
1 day ago / Read about 10 minute
Source:ArsTechnica
But the effort to stop the spread of leaked Claude Code client code is an uphill battle.


Credit: Getty Images

An Anthropic-backed DMCA effort to remove its recently leaked Claude Code client source code from GitHub this week resulted in the accidental removal of many legitimate forks of its official public code repository. While that overzealous takedown has now been reversed, Anthropic still faces an extreme uphill battle in limiting the spread of its recently leaked code.

The DMCA notice that GitHub received late Tuesday focuses on a repository containing the leaked source code originally posted by GitHub user nirholas (archived here) and nearly 100 specifically named forks of that repository. In a note appended to that request, though, GitHub said it had acted to take down a network of 8,100 similar forked repositories because “the submitter alleged that all or most of the forks were infringing to the same extent as the parent repository.”

That expanded takedown affected many repositories that didn’t contain leaked code but instead forked Anthropic’s official public Claude Code repository, which the company shares to encourage public bug reports and fixes. Many coders took to social media to complain about being swept up in the DMCA dragnet despite not sharing any leaked code.

“I’m sorry that your people shipped your source code, and that your lawyers don’t know how to read a repo,” coder Robert McLaws wrote. “I will be filing a DCMA counter-notice.”

By Wednesday, Anthropic had moved to fix the issue with GitHub, requesting that the site restrict its takedowns to the 96 fork URLs specifically listed in its takedown notice and to “reinstate all other repositories that were disabled by network-wide processing.” Anthropic’s head of Claude Code, Boris Cherny, said on social media that the overzealous takedowns were “not intentional,” and Anthropic’s Thariq Shihipar added that they were the result of “a communication mistake.”

“The repo named in the notice was part of a fork network connected to our own public Claude Code repo, so the takedown reached more repositories than intended,” an Anthropic spokesperson told TechCrunch. “We retracted the notice for everything except the one repo we named, and GitHub has restored access to the affected forks.”

Closing the barn door

Even with the corrected focus on leaked code, Anthropic will struggle to stop or even materially slow the spread of its Claude Code client source code across the Internet. As of this writing, many copies of that source code are still easy to find on GitHub, including one Ars referenced in our own analysis yesterday. Copies of the leaked code have also appeared on other platforms, like the Germany-based Codeberg, which is outside the direct reach of the US DMCA (but which might be subject to similar local European laws).

Meanwhile, multiple enterprising coders have already used AI coding tools to develop so-called “clean room” reimplementations of the original Claude Code leak, converting the original TypeScript code into languages such as Python and Rust. Even if Anthropic could somehow remove every copy of its leaked code from the Internet, these functionally similar rewrites might be legally distinct (though there is still some argument over whether this kind of AI-written code can really claim the strict separation needed to avoid being considered a “derivative work.”)

Anthropic coders’ own use of Claude Code to write pieces of the Claude Code client could also complicate the legal status of the leaked code. Cherny admitted in December that “in the last thirty days, 100% of my contributions to Claude Code were written by Claude Code.” That kind of admission could be significant, because while the US Copyright Office offers protection to “AI-assisted” codebases, that protection generally doesn’t extend to work generated entirely by AI.