__Are you the owner of the content that has been disabled, or authorized to act on the owner's behalf?__

Yes, I am the owner of the Intellectual Property.

__What files were taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:__

https://github.com/eaaliprantis/tournamentbot/

__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? (optional)__

These are the events (and/or mistakes) that have occurred:

Event 1: On or about May 3, 2016, [Private]: (a) without my permission or consent, posted my source code (which is stolen Intellectual Property) from my server (hosted on Digital Ocean, which he had access to) to his Github (which can be found here: https://github.com/sporkwitch/tournamentbot), (b) inserted the License (AGPL-3.0 License) into his repository (which therefore allows anyone to use this code freely), which (c) allowed anyone access to my source code (the Intellectual Property), again, without my consent or permission.

Event 1 Issue: My intention was never to have the code published nor to have the AGPL-3.0 License attached to it.

Event 2: After learning that [Private] illegally posted my source code, I copied his repository and removed the license that [Private] had illegally attached (considering the fact that it is my source code and that I did not give permission to post, publicize, or add the license).

Event 2 Issue: [Private] DMCA Notice (which can be found here: https://github.com/github/dmca/blob/master/2016/2016-08-03-tournamentbot.md) is entirely unwarranted due to the fact that [Private] illegally obtained and posted MY source code, inserted the AGPL-3.0 License, and then had the audacity to file a DMCA Notice against me in regards to the removal of the license that he, [Private], added when he illegally posted my stolen Intellectual Property source code.

The bottom line is that the source code is my Intellectual Property, [Private] illegally copied it from my server, posted it to his Github, added a AGPL-3.0 License, and then, when I changed my own source code back to its original form, [Private] filed a DMCA against me, falsely claiming that the Intellectual Property was his. It is my Intellectual Property, not his. Therefore, in response to Github's question to [Private] of "Are you the copyright owner or authorized to act on the copyright owner's behalf?," the answer is no, [Private] is not authorized to act on my, [Private], copyright owner's behalf.

My question is: Why would Github allow [Private], who stole my Intellectual Property source code off of my server; changed that stolen source code by adding an unauthorized license; and because I copied my own code and removed the unauthorized license, allow [Private] to file a fake/false DMCA against me? This doesn't make any sense why the rightful owner should have to defend against the actions of someone whom illegally stole, modified, and posted my Intellectual Property source code. If anything, [Private] should be made to remove his repository since he is not the rightful owner.

__Type (or copy and paste) the following statement: "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 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.

__Type (or copy and paste) the following statement: "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."__

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 Guide to Submitting a DMCA Counter Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-counter-notice/__

I confirm that I, [Private], have read Github's Guide to Submitting a DMCA Counter Notice.

__So that the complaining party can get back to you, please provide both your telephone number and physical address:__

[Private]

__Please type your full legal name below to sign this request:__

[Private]
