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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 the content owner.
**Please describe the nature of your content ownership or authorization to act on the owner's behalf.**
I am writing in response to the DMCA takedown request regarding the Ethereal Engine
repository located at https://github.com/EtherealEngine/etherealengine (the “Repo”). I would like
to provide a clear and factual account of the ownership and development of this repository to
demonstrate why the takedown request is without merit.
The Repo has always been properly owned by HyperConstruct Co and later Infinite Reality, Inc.
There are two key considerations that make this takedown request spurious and without merit:
(1) there is an open source version of the Repo that is and always has been governed by the MIT
License, and (2) the premium and proprietary features were added after the Repo was properly
forked and placed under a new license. Both the open source code base governed by the MIT
License and the premium code base are properly owned by Infinite Reality, Inc.
1. Repository Ownership and Development Timeline
The Ethereal Engine (now Infinite Reality Engine) repository has always been the
rightful property of HyperConstruct Co. until it was properly acquired by Infinite Reality,
Inc. in [private]. The codebase began as part of an earlier project, [private], which
was publicly presented at a [private], one of the [private] of Ethereal Engine. This presentation can be seen at the following link:
[private]. At this stage, the repository was located at
[private], which served as the foundation for future
development. Further documentation is provided in Attachment 1.
2. Evolution of the Codebase
Over time, the codebase evolved and transitioned into new repositories as part of various
stages of development. In [private], the project moved to [private]
and was subsequently renamed. Eventually, the repository became
https://github.com/etherealengine in the third quarter of [private]. Throughout these
transitions, ownership and development rights have consistently remained with
HyperConstruct Co. and later Infinite Reality, Inc.
3. Proper Forking and Licensing
In [private], the repository was properly forked, allowing for the introduction of premium
and proprietary features under a new license. This ensured that all new features
developed after this point, including advanced functionalities like multi-tenancy,
shopping systems, AI integration, and proprietary scenes, were governed by a distinct
license separate from the original open-source code. However, the open-source code,
governed by the MIT license, remains available for free use, modification, and
monetization under https://github.com/EtherealEngine/etherealengine. Prior to [private], the
code base remained under the MIT License, and any contributions to said code base
continue to remain under the MIT License.
4. Open-Source Commitment
The Ethereal Engine repository, in its original form and as it evolved from
[private] to its current form, has always adhered to
open-source principles. The MIT license governing the open-source portions remains
intact and the repository continues to be freely available for public use.
In summary, the Repo has consistently remained the property of its rightful owners, and all
development transitions have been properly documented and executed in compliance with open-
source and proprietary licensing standards. The takedown request is therefore without
foundation, and I request that it be dismissed.
**What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
https://github.com/EtherealEngine/etherealengine
https://github.com/EtherealEngine/Universal-Volumetric
**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?**
Attachment 1
Github Repositories in order evidencing the evolution of the code base:
[private]
[private]
[private]
[private]
[private]
[private]
[private]
Videos showing [private] and the HyperConstruct [private] discussing the code for
[private]:
[private]
[private]
[private]
[private]
[private]
[private]
Videos evidencing the development of XREngine by [private] and the
HyperConstruct [private]:
[private]
[private]
[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.**
**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.**
[private]
[private]
**Please type your full legal name below to sign this request.**
[private]