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Process DMCA request
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2023/07/2023-07-07-nepal-academy-counternotice.md
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2023/07/2023-07-07-nepal-academy-counternotice.md
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**Are you the owner of the content that has been disabled, or authorized to act on the owner’s behalf?**
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Yes, I am the content owner.
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**Please describe the nature of your content ownership or authorization to act on the owner's behalf.**
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I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
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I am the creator of the repository that was located at https://github.com/bikashpadhikari/nepali-brihat-sabdakosh-json.
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**What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
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The entire repository was taken down at https://github.com/bikashpadhikari/nepali-brihat-sabdakosh-json.
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**Do you want to make changes to your repository or do you want to dispute the notice?**
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Dispute the notice.
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**Is there anything else you think we should know about why you believe the material was removed as a result of a mistake?**
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I am disputing this notice for the following reasons:
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Under U.S. copyright law, Nepal Academy is not the copyright holder of the app in the claim. The copyright is held by Naya Yatra Pvt. Ltd., a private corporation based in Nepal, which developed and published the app. Nepal Academy is a government institution that operates under the Ministry of Culture, Tourism, and Civil Aviation under the Government of Nepal. Nepal Academy is not an authorized representative of Naya Yatra Pvt. Ltd.
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The notice did not make explicit what the infringing content in the repository was. Instead, it maliciously included the entire repository, including MIT-licensed code for which I am the sole copyright holder.
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The purely educational and non-commercial inclusion of the dictionary data contained in the app falls under the fair use doctrine. The same complete data is distributed online, verbatim and at no charge, by a Government of Nepal institution in a different file format.
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The encryption keys used in the repository do not form any substantial portion of the app in question, and must necessarily be included as they impede usage of the data in a legitimate, fair use abiding manner. The repository does not contain any copyrightable source code of the app, as implied in the notice.
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**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.**
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**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.**
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**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>.**
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**So that the complaining party can get back to you, please provide both your telephone number and physical address.**
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Phone: [private]
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Address: [private]
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Email: [private]
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**Please type your full legal name below to sign this request.**
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[private]
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