From 2b0e70a5d6ade43d934322f8f15deec19308f33f Mon Sep 17 00:00:00 2001 From: Hubot Date: Wed, 7 Sep 2016 16:21:20 -0700 Subject: [PATCH] Process DMCA request --- 2016/2016-09-07-Facet-counternotice.md | 44 ++++++++++++++++++++++++++ 1 file changed, 44 insertions(+) create mode 100644 2016/2016-09-07-Facet-counternotice.md diff --git a/2016/2016-09-07-Facet-counternotice.md b/2016/2016-09-07-Facet-counternotice.md new file mode 100644 index 000000000..3aba05202 --- /dev/null +++ b/2016/2016-09-07-Facet-counternotice.md @@ -0,0 +1,44 @@ +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/pivot. + +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, the Pivot software was written from scratch, not +incorporating into its functional code at any time any code copied from any +proprietary Metamarkets code. In its removal notice, Metamarkets +identifies 333 lines of code that appear, in entirely COMMENTED-OUT form, +solely in the initial commit of the Pivot repository. Those 333 lines of +code have been made public elsewhere by Metamarkets (specifically, as part +of https://metamarkets-cdn.com/js/_login-1.19.2067.js). The inclusion of +those lines of otherwise-public, commented-out code solely in the first +commit of Pivot does not constitute copyright infringement. + +In addition, there is no allegation of infringement in any commit other +than d9f525488d51a9e3d54962bbbd7f328c3191e890, which is the commit +identified in Metamarkets' removal notice. The code that is the subject of +Metamarkets' allegations was removed in commit +966542ffe9ee102b59058f3c90ab4c90d3a02358 on September 7, 2015. For that +reason, the entire repository other than commit +d9f525488d51a9e3d54962bbbd7f328c3191e890 should be restored immediately, +because that material has not been identified as material that is alleged +to infringe copyright. Metamarkets is not entitled to removal of materials +which are not even alleged to infringe. + +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]