**Are you the owner of the content that has been disabled, or authorized to act on the owner’s behalf?**

Yes, I am authorized to act on the content owner's behalf.

**Please describe the nature of your content ownership or authorization to act on the owner's behalf.**

Dear Sir or Madam:

This law firm represents [private], the recipient of Restorecord’s takedown notice dated 11 September 2024 for the above-referenced repository (the “Restorecord Repository”). I write to provide a counter notice pursuant to section 512(g)(3) of the Digital Millennium Copyright Act (“DMCA”) and request GitHub restore the contents of the Restorecord Repository. 17 U.S.C. §512(g)(3).

[private]

We submit that the DMCA takedown notice for the Restorecord Repository was not made in good faith and was not made upon a proper investigation for, among others, the following reasons:

First, the following accusations are false and forged by a non-existing operating company. The person who has reported the above-referenced repository (the “Restorecord Repository”) is a [private] and [private] of the Restorecord service. The functions that are similar are ‘Next’ code functions that are the same throughout the extensions and third party packages used within the coding framework. ‘Next’ is an open source developer platform, created by Vercel, for building many different types of applications. Our client has evidence regarding people who have come out to also be a victim to this person's treacherous acts and have publicly archived proof that employees of Restorecord have worked on this piece of work. The accusations of ‘string’ and ‘function’ names being the same/similar are deemed as invalid, the Digital Millennium Copyright Act states that it does not protect titles, names, short phrases, and slogans. Therefore no ‘code strings’ that are the same can be said to be infringing the DMCA Takedown policies.

Second, according to Section B of GitHub’s DMCA Takedown Policy, “[o]ne of the best features of GitHub is the ability for users to ‘fork’ one another's repositories . . . [which] means that users can make a copy of a project on GitHub into their own repositories.” Going further, the DMCA Takedown Policy maintains that “GitHub will not disable forks . . . because forks belong to different users, may have been altered in significant ways, and may be licensed or used in a different way that is protected by the fair-use doctrine.” and therefore should not be subject to removal regardless.

Moreover, section B of the DMCA Takedown Policy explicitly states that GitHub does not conduct investigations into forked repositories and that GitHub “expect[s] copyright owners to conduct that investigation and, if they believe that the forks are infringing, expressly include forks in their takedown notice.”. We are requesting for all forks to be restored as they are all property of Restorecord which have the GPL-3.0 license given by the company and its associates.

Please note that nothing contained in or omitted from this letter is or shall be deemed a waiver or limitation of any of our client’s rights or remedies, equitable or otherwise, all of which are specifically reserved, including the pursuit of damages and attorneys’ fees as a result of material misrepresentations made to cause the removal of non-infringing content. See 17 U.S.C. § 512(f).

I have read and understand GitHub's Guide to Filing a DMCA Counter Notice. I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled. I consent to jurisdiction of the federal district court for the [private], and will accept service of process from the person who provided the DMCA notification or an agent of such person.

Sincerely yours,  
[private]  
Blackstone Law Group LLP

**What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**

https://github.com/restorecord-free/restorecord-new-source-code

**Do you want to make changes to your repository or do you want to dispute the notice?**

Dispute the notice.

**Is there anything else you think we should know about why you believe the material was removed as a result of a mistake?**

**I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.**

**I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Northern District of California where GitHub is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person.**

**Please confirm that you have you have read our <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-counter-notice">Guide to Submitting a DMCA Counter Notice</a>.**

**So that the complaining party can get back to you, please provide both your telephone number and physical address.**

[private]  
Blackstone Law Group LLP

[private]  
[private]  
[private]  

**Please type your full legal name below to sign this request.**

[private]  
