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**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.**
I am the [private] of SAMMI Solutions, and have been authorised by the owner of the SAMMI-Official repository to proceed with this counter claim.
**What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
The repository in question is located here: https://github.com/SAMMISolutions/SAMMI-Official .
The DMCA takedown notice alleges that this repository and all it's contents infringes on the copyright of this repository: https://github.com/LioranWaters/Lioranboard2Update and another private source code repository.
**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 have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
As mentioned in the answer above, [private] that the content of our SAMMI Solutions repository has infringed upon his copyright of a private source code that was "never shared", as well as the copyright of a second public repository called Lioranboard2Update.
[private] private Source Code Repository:
I am submitting evidence that [private] voluntarily shared the source code with the developer SAMMI Solutinos, willingly on his own accord, and had licensed the source code under the MIT License at the time. Please see the links to these images below:
1. Initial Repo Share Invite.png: The original invite sent from [private] to [private] (the owner of the SAMMI Solutions GitHub account to share the source code repository (now private) with her. ([private])
2. Screenshots 1-6: Screenshots of the License attached to that source code repository, identified clearly as an MIT License at the time of sharing. ([private])
3. License Proof.mp4: A video of the above, to further prove that the screenshots have not been doctored or edited in any way. ([private])
Pursuant to this, as per the terms and conditions of the MIT License, 'Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so'.
The SAMMI Solutions repository which has had the DMCA takedown notice applied, uses this code from the privatre repository and has always included [private] copyright license within the repository and the notice is in all copies or substantial portions of the Software. Please refer to the License-MIT.md file in the repository and this screenshot here:
[private]
Therefore, there is no legal basis for this takedown notice and we are disputing this claim on the grounds of a mistakenly issued takedown notice.
Lioranboard2Update Repository (https://github.com/LioranWaters/Lioranboard2Update):
The DMCA take down notice also mentions that the SAMMI Solutions repository has infringed on this second repository belonging to [private]. First and foremost, this repository is public and all commits to it are viewable. As you can see through the repo history, the MIT License was in effect since December 2021, which gives rights to anyone who has access to this repository to use the contents subject to the terms and conditions of the License.
After the take down notice was issued by GitHub on the 13 of September 2022 (AEST), [private], for reasons unknown, removed the MIT License from the repository. This is despite mentioning in the GitHub takedown notice, that the repository is 'free to be used by anyone' - see the GitHub takedown notice here: https://github.com/github/dmca/blob/master/2022/09/2022-09-12-source-code.md.
You can see this in the deletion of the MIT License in the commit history of the repository (https://github.com/LioranWaters/Lioranboard2Update/commits/main). Screenshots of this are here:
1. MIT License Lioranboard2Update - Screenshot of the repository with the MIT License attached, before the deletion of the license, ([private])
2. Deletion of License - A GitHub commit he made to delete the MIT License. ([private])
The removal of the MIT license is not retroactive, and the usage of the content up until the 13 of September 2022 (AEST) is governed by that open source license, and therefore, once again, the take down notice is not valid based on this.
After a thorough perusal of the takedown notice .rtf file, we have also found that the declaration that the work is not protected under an open source license is untrue.
As mentioned above, the private source code repo contained an MIT license when the code was voluntarily shared. The Lioranboard2Update Repo is publicly available and the open source MIT license was in effect up until the 13th of September, thus further proving that no infringement of this license has occurred and is conflicting with the assurance from [private] that the information in the original takedown notification is accurate.
In addition, [private] makes an accusation that the source code was ‘stolen’ and under the legal definition of ‘theft’ per the California Penal Code section 484, it is ‘the intent to permanently take or withhold the properly owner's possession or right to the property’. It is very clear here, through the fact that nothing has been taken from LioranWaters (he still has full access to his repository), and noting that no one is withholding his access to his repository, and that his work was originally licensed under the MIT License, the claim that the SAMMI Solutions code, or parts thereof, or any form of the SAMMI Solutions program and repositories, has been stolen from him, is highly erroneous and incorrect.
It is beyond a reasonable doubt with this evidence that the [private] source code and Lioranboard2Update was shared with an MIT License with the developer for SAMMI Solutions. This code that was then used to in the SAMMI Solutions repository. All copyright attribution has been provided in accordance to the MIT license terms and conditions and requirements. The team at SAMMI-Solutions has not infringed on anyone's copyright, and has attributed all copyright to the rightful owners as legally required by the MIT Licenses of both the private source code repository and the Lioranboard2Update repo.
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.
**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.**
Phone number: [private]
Address: [private]
**Please type your full legal name below to sign this request.**
[private]