Process DMCA request

2021/06/2021-06-02-sngine-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?**
+
+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 [private] of LisAndi Co. Ltd. which is owning the Github account and I am also [private] of this company and a [private] Citizen who currently is [private]. LisAndi Co. Ltd. is legally registered since 2005 with the [private] and approved by [private]. If necessary we can provide you with our complete company registration as well as my Passport and [private] information. We work for customers worldwide i.e. in the past many years for [private], [private], [private], [private], and many others mostly in [private] (mostly in [private] and [private] but also in [private] and [private] and [private]), [private], [private], [private] [private], [private] and here in [private] and also in [private] in NGO Projects for [private] to enable any AfricanChild to receive a proper Montessori education without huge financial burdens and proper training for teachers where possible even for free. In the past we cooperated with [private] ([private])
+
+**What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
+
+https://github.com/T3Social/T3Social-Community
+
+The repository contained files which were licensed with an GNU GPL compatible license which guarantees the 4 Freedoms of GNU licensed Software and Licenses which were GNU GPL compatible.  
+Most of the folders where actually complete empty as we had deleted all code which was created by ZAMBLEK and only published code which we found that it was GNU GPL, LGPLv.2+, LGPLv.3 or any other 100% compatible GNU GPL license i.e. the Split License by Envato
+
+.svg images are NOT copyrighted by Zamblek as they stated themselves in a mail. The purchased only the use of those images and can't claim any copyright infringement because of that - and the images had already been removed before March 1st!
+
+--
+
+The repository had been locally uploaded on February 24th and the Code created by Zamblek had been removed before March 1st, 2021 and since March 2nd the repository has no more been modified.
+
+- 30 [private]  
+- 31 [private]  
+- 32 [private]  
+- 33 [private]  
+- 34 [private]  
+- 35 [private]  
+- 36 [private]  
+- 37 [private]  
+- 38 [private]  
+- 39 [private] 
+
+A complete Backup of the synced repository can be send to Github and you can see that no .svg files and no Code which had been created but Zamblek got published when the DMCA Notice on March5th took place and Zamblek informed us.
+
+The screenshots (ALL of them) which Zamblek has meanwhile send to us show the date 24 February which was the date the repository had been created and they show a complete different owner of the repository shown on those screenshots "[private]" which seems to be [private] which is not at all us or related to LisAndi Co. Ltd. We have not even access to the repositories of the account "[private]".
+
+--
+
+**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.  
+I file that counter complaint in good faith and standing.
+
+Zamblek a user who don't identifies himself and who don't like to reveal his true identity - we asked him already many time - filed a DMCA claim against one of our repositories. https://github.com/T3Social/T3Social-Community
+
+We file a counter notice, because we have "a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled." (U.S. Code, Title 17, Section 512(g).)
+
+1. The complaining party doesn't have the copyright  
+Zamblek complaints about using the SVG images and he himself verified that they are NOT the copyright owner and instead bough the images from another resource
+(Check:
+- 01 ZAMBLEK - [private]  
+- [private] )
+
+The copyright owner of the .svg files are the authors who created the icons on [private] and any other party - so we - can purchase exactly the same icons like Zamblek did before.
+
+A copyright infringement can only be placed by the Creator and copyright owner and NOT by the buyer of a product! - Example - When I buy an original [private] shoe and see somebody else with a fake copy with that shoe I can't DMCA him. Instead I need to inform [private] to take all necessary actions against that person and they can do so or not do so - it would be completely up to them.
+
+2. I have a license actually even 2 licenses for the same product Sngine  
+I bought the product legally on Envato Market place CodeCanyon and have two licenses for the product ZAMBLEK DMCAed.  
+(Check:  
+- 02 [private]  
+- [private]
+
+- 03 [private]  
+- [private]
+
+- 04 [private]  
+- [private]
+
+3. The code has been released under an open-source license that permits my use  
+As Zamblek multiple times states in written the Code is Open Source and following the Envato Split License. He has chosen this license because it is the Default License of Envato which makes sure that Authors follow 100% the license requirements of code and libraries or parts of libraries they are using but also enable the Authors to keep their own license on parts which determine mostly the design, like Images and Text the use as Content inside their applications.
+3.1 According what had already been mentioned in point 1 Zamblek is not the copyright owner of any of the .svg images used in Sngine and only the copyright owner could file a DMCA complaint  
+(Check:  
+- 01 [private])
+
+3.2 The Envato Split License which is used by Zamblek as he states himself in written is 100% GNU GPL compatible and that means that Envato Authors have to follow the license requirements of libraries they are using and distributing together with their Download on Envato CodeCanyon. It also means if they include GPL or LGPLv2.1 licensed libraries into their distribution and combined work they have to license their application code with a GPL license too and that includes all the code they have created by themselves too.
+(Check:  
+- 05 [private]  
+- [private]
+
+- 06 [private]  
+- [private]
+
+- 07 [private]  
+- [private]u
+
+- 08 [private]  
+- [private]
+
+- 09 [private]  
+- [private]
+
+- 10 [private]  
+- [private]  
+
+3.3 The Code included GNU GPL licenses parts and complete library and has to be (a MUST HAVE for all php, html and js and other code which depends, links to markers, code, classes, IDs in the php or html code created by i.e. Zamblek or it must have a 100% GNU GPL compatible license so that all for freedoms of GNU GPL licensed software are still guaranteed, i.e. MIT license or the Envato Split License as with it all 4 Freedoms of GNU GPL or LGPLv2.1 licensed software for all php, html and js code parts as described above are guaranteed by Envato and the Author (unfortunately not by Zamblek!)  
+The Sngine Download which had been uploaded to Github on February 24th, 2021 had to follow the GNU GPL license or any other GNU GPL compliant license i.e. GPL, AGPLv3 or LGPLv2.1, LGPLv3 because it included the GNU GPLv.2+ licensed php-gettext library released by [private] ([private] of php-gettext)
+
+STATEMENT BY FREE SOFTWARE FOUNDATION:  
+(Check: the statements in written by the Free Software Foundation to this case:  
+- 11 [private]  
+- [private]
+
+- 12 [private]  
+- [private]  
+
+STATEMENT BY [private]  
+([private] of php-gettext which was part of Sngine before March 5th, 2021.)  
+Check:  
+- 13 [private]  
+- [private]  
+
+- 14 [private]  
+- [private]
+
+- 15 [private]  
+- [private]
+
+- 16 [private]  
+- [private]
+
+- 17 [private]  
+- [private]
+
+- 18 [private]  
+- [private]
+
+- 19 [private]  
+- [private]
+
+- 20 [private]  
+- [private]
+
+- 21 [private]  
+- [private]
+
+- 22 [private]  
+- [private]
+
+We recommend to call [private] and[private] as well as [private] himself whom I met in [private] at a conference I had organized together with friends to promote Free Libre Open Source Software (FLOSS) to witness that Sngine has to follow the GNU GPLv.2| license requirements for all download before March 5th, 2021 and that it has to follow all LGPLv2.1 license requirements even in its newest Release which officially according the changelog gets released on May 30th, 2021.
+
+4. The complaint doesn't account for the fact that my use is protected by the fair-use doctrine  
+Already after the upload we deleted all code parts which were actually written by ZAMBLEK and we got finished with this process on March 1st, 2021. We did not receive any notice from ZAMBLEK before March 5th, 2021 where he informed us about the DMCA. The only code which was left in the repository was the Code Zamblek themselves defines as free to publish as it would be Free Open Source Software.  
+Check: [private]  
+- 23 [private]  
+- [private]
+
+The code was used for educational purposes only to train our developers, interns and students on Sngine and to demonstrate the purpose of following the GNU GPL, LGPLv2.1 licenses, so they can later develop plugins, themes and can maintain Sngine themselves. We maintained also Issues with our 2 Sngine Applications which we have purchased ourself and for those who purchased their own Sngine Applications on Envato and got maintained by us of others. The Sngine Code is a nice idea but it is very buggy and not well coded beside it tries to imitate the old Facebook design and functionality.
+
+Exceptions to Copyright  
+The application of exceptions and limitations to copyright may vary from country to country. Generally, in countries that rely on exceptions and limitations, the use of copyrighted works should not unreasonably harm a rights holder’s interests.  
+In the EU, each Member State must ensure that users are able to rely on the following exceptions when making content available: quotation, criticism, review, caricature, parody or pastiche. To learn more about copyright law in the EU, you can visit the EUIPO website.
+
+I am from [private] and our customers are located in [private]
+
+5. Copyright infringement is not the same as a trademark infringement  
+Sngine is not at all registered worldwide as a trademark and Zamblek DMCAed because of a copyright infringement.
+
+Generally, copyright protects original expression such as words or images. It does not protect facts and ideas, although it may protect the original words or images used to describe an idea. Copyright also doesn’t protect things like names, titles and slogans;
+
+"Names" are not covered by a copyright infringement and the name Sngine - a derivate or short form of SocialEngine which is another product not owned by Zamblek is used also in other context and places not limited to [private] or Github. Besides that the DMCAed repository was named "T3Social Community" - https://github.com/T3Social/T3Social-Community
+(Check:  
+- 24 [private]  
+- [private]
+
+Furthermore Zamblek seems to misinterpret the legal obligations of Fork owners on Github as he was sending and arguing with us in his mails showing screenshots from a complete different repository which is not even owned by us nor do we know its owner! "[private]" He seems to be another developer from [private] who is in process to develop templates for Sngine as far as we can see and read on Social media - The account "[private]" seems to belong to "[private]".  
+(Check:  
+- 25 [private]  
+- [private]
+
+My Name is [private]  
+I am the [private] LisAndi Co. Ltd.  
+15/21 M.2 Viset Road  
+Rawai Muang Phuket 83130, Thailand  
+[private]  
+[private]  
+
+We are a legally registered company by [private] and approved by [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.
+
+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 ask Github to submit us the full wording and the full address of the DMCA complaining Party Zamblek with its Name, Company, Physical Address, Telephone and email. Please send all information to [private].
+
+Finally ZAMBLEK agreed already on April 16, 2021 to Remove the DMCAs he has filed against us
+(Check:  
+- 26 [private]  
+- [private]
+
+but until now he did not inform probably Github about it as it looks like.  
+He actually tries to extort us right now!
+
+[private]
+
+We file the counter complaint today because his DMCAs seem to continue in the way as before and it does not looks as he will stop with this arbitrary behavior in DMCAing repositories or Posts which criticize the Code of Sngine. We have informed already and will inform again Envato about their Authors behavior and the fact that he tries to hide his identity and [private] and Envato until now seem to support this clearly malintented and unlawful behavior of Zamblek by not providing a proper Impressum/Imprint on their Authors or [private], [private] and [private] run by Zamblek. As they target clearly the [private] and especially the [private] - I am [private] and hold a [private] Passport! - but am currently blocked here in [private] and can't go back to [private] because of COVID-19.  
+(Check:  
+- 27 [private]  
+- [private]
+
+- 28 [private]  
+- [private]
+
+As you can see on the Screenshots of Mails Zamblek has written to us show clearly that he is NOT AT ALL WILLING to reveal his true identity so he can be sued by a court in the US!
+
+Also on all Zamblek websites and Sngine Websites a proper Impressum like it is required by law from any company which promotes its products of businesses or services in [private] or [private] even they are located outside [private] or [private].
+
+---
+
+---
+
+Please remove the DMCA and Restore our Repository https://github.com/T3Social/T3Social-Community
+
+IMPORTANT:  
+And PLEASE send us the complete FULL LEGAL NAME of the responsible person (ZAMBLEK) and his/the Companies Address + Phone and Email which is ZAMBLEK as we intent to file a legal case against them. They are harming not only us but all our customers who purchased products on Envato as well as those we have here on Github and [private] and which rely on the fact that we are able to use our Github Repositories as well as [private] for doing business - LEGAL BUSINESS with our Github Repositories for Trainings which take place online because of COVID - but only with Code which is GNU GPL / LGPLv2.1 LGPLv.3 or any GPL compatible License, [private] and support on Github Issues and Wiki and [private] by using the [private] - which is pretty essential here in our region as many customers ONLY can be reached by [private]!!
+
+Please reenable our Github Repository with his issue tracker and Wiki account immediately
+
+Thanks for helping to get Zamblek to Justice. We communicated in over 50 Mails with Zamblek but today he continued with his DMCA-manic which makes it necessary to stop this clearly mal intended and inhuman extorting behavior.
+
+With Kind
+
+Regards  
+[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.**
+
+**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.**
+
+My Name is [private]  
+I am [private] of LisAndi Co. Ltd.  
+15/21 M.2 Viset Road  
+Rawai Muang Phuket 83130, Thailand  
+[private]  
+[private]
+
+**Please type your full legal name below to sign this request.**
+
+[private]