*I have read and understand GitHub’s Guide to Filing a DMCA Counter Notice.*

Because it is required of GitHub’s counter notice process, I state the
following:

*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.*

The allegedly infringing code in the `oh-my-fish` core library is MIT
licensed open source code, voluntarily contributed — in part by the accuser
— and used in accordance with that license:

- https://github.com/oh-my-fish/oh-my-fish/tree/master/lib

While he now regrets opening the pull request wherein this code was
contributed — and we regret accepting this pull request — it was MIT
licensed, both before and after the pull request. It is properly attributed
in revision history, and in the AUTHORS and LICENSE files, and is used in
accordance with the terms of that license.

In fact, much of this code was originally copied into Wahoo, *from Oh My
Fish*. The majority of the `git` package, which he claims infringes on
Wahoo’s copyright, was copied from *a personal project of mine*, found in
https://github.com/oh-my-fish/theme-bobthefish.

The `fish-spec` package listed in the complaint was removed as a result of
misidentification:

- https://github.com/oh-my-fish/oh-my-fish/tree/master/pkg/fish-spec

It, in fact, shares *nothing but the folder name* in common with the code
cited in the complaint. Not a single line of code, function signature or
path is the same, because it was written, from scratch, by another
developer at another time.

A previous DMCA takedown request *against this same repository* 
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>  
 
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>  
  
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>

<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>    
 
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>  
 
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>  
 
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>  

was resolved, supposedly to the satisfaction of all parties involved, per
this retraction from the accuser  
<https://github.com/github/dmca/blob/master/2015-09-24-wahoo-retraction.md>:  

- I have talked to @bpinto and his other collaborators and decided to
reconcile and conclude our litigation amicably on the following conditions:
-
- * The license read Copyright (c) 2015 Oh My Fish!
- * Add an AUTHORS file with proper copyright attribution.
- * @bpinto and @bobthecow go on as admins.
- * @scorphus, @derekstavis and @bucaran are now collaborators.
- * We swear not to fight over copyright issues again ;)
-
- You may have the DMCA revoked at your earliest convenience.

The allegedly infringing code *is not* in violation of the DMCA or any
other copyright law. It consists of voluntarily contributed — and MIT
licensed — code. The license, copyright notice, attribution and revision
history are maintained, in accordance with the terms of the license.

In addition to the above, I have a good-faith belief that the removal of
the following repositories *was not* a mistake or misidentification:

- https://github.com/oh-my-fish/plugin-tiny  
- https://github.com/oh-my-fish/plugin-getopts  
- https://github.com/oh-my-fish/plugin-shark  
- https://github.com/oh-my-fish/plugin-pbcopy  
- https://github.com/oh-my-fish/plugin-theme  

I have a good-faith belief that these repositories were removed as an
escalation of a deliberate campaign of harassment and abuse, including
multiple false DMCA claims. These are forks of MIT licensed open source
repositories. The license, copyright notice, attribution and revision
history are maintained, in accordance with the terms of the license.

*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.*

[private]
