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Merge pull request #1013 from github/update-1473454921

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This is a counter notification pursuant to 17 U.S.C. 512(g)(3). I have read
and understand GitHub's Guide to Filing a DMCA Counter Notice.
The content that was disabled is the repository located at the following
link: https://github.com/implydata/plywood.
My contact information is as follows:
[private]
Mobile: [private]
[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.
Specifically, FacetJS (the allegedly infringed work) was released by
Metamarkets under the Apache 2.0 license. Until Metamarkets deleted it, it
was available at https://github.com/facetjs/facetjs/ under that license.
Plywood (the allegedly infringing work) is also licensed under the Apache
2.0 license, and incorporates material from FacetJS, with appropriate
attribution.
Metamarkets knew and intended that FacetJS was released under the Apache
2.0 license; that licensing was well-known to Metamarkets executives and
was announced in a public presentation at the Strata + Hadoop World
conference in February 2015. A video of that presentation, including the
announcement of Apache 2.0 licensing, is publicly posted at
https://youtu.be/bZ3LqG3iHbM?t=32m36s.
While Metamarkets now appears to regret releasing FacetJS under the Apache
2.0 license, that license is, by its terms, irrevocable. And Metamarkets
has received consideration for its open-source licensing of FacetJS: for
example, Metamarkets has received and accepted third-party improvements to
FacetJS, which is the essential quid-pro-quo of open-source software
licensing.
In fact, Metamarkets itself uses Plywood -- itself an improvement to
FacetJS -- and has participated in the development of Plywood. For example,
the following pull requests in the Plywood repository were submitted by
Metamarkets:
https://github.com/implydata/plywood/pull/6
https://github.com/implydata/plywood/pull/9
https://github.com/implydata/plywood/pull/11
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.
My electronic signature is below.
/s/ [private]