This is a counter notification pursuant to 17 U.S.C. 512(g)(3). I have read
and understand GitHub's Guide to Filing a DMCA Counter Notice.

The content that was disabled is the repository located at the following
link: https://github.com/implydata/pivot.

My contact information is as follows:  
[private]  
Mobile: [private]  
[private]  

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.

Specifically, the Pivot software was written from scratch, not
incorporating into its functional code at any time any code copied from any
proprietary Metamarkets code. In its removal notice, Metamarkets
identifies 333 lines of code that appear, in entirely COMMENTED-OUT form,
solely in the initial commit of the Pivot repository. Those 333 lines of
code have been made public elsewhere by Metamarkets (specifically, as part
of  https://metamarkets-cdn.com/js/_login-1.19.2067.js). The inclusion of
those lines of otherwise-public, commented-out code solely in the first
commit of Pivot does not constitute copyright infringement.

In addition, there is no allegation of infringement in any commit other
than d9f525488d51a9e3d54962bbbd7f328c3191e890, which is the commit
identified in Metamarkets' removal notice. The code that is the subject of
Metamarkets' allegations was removed in commit
966542ffe9ee102b59058f3c90ab4c90d3a02358 on September 7, 2015. For that
reason, the entire repository other than commit
d9f525488d51a9e3d54962bbbd7f328c3191e890 should be restored immediately,
because that material has not been identified as material that is alleged
to infringe copyright. Metamarkets is not entitled to removal of materials
which are not even alleged to infringe.

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.

My electronic signature is below.  
/s/ [private]
