Process DMCA request

2020/04/2020-04-24-essentialmode-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'm an administrator of ESX-Org and have authority to act on the owner's behalf
+
+**What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
+
+None yet but an DMCA is in progress by [private], our repo is question is https://github.com/ESX-Org/es_extended
+
+**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?**
+
+**Infringed files**  
+
+He is linking to "infringed files", **most** of them not his in any way at all. The following files that [private] addressed as "his" are 100% original code developed by us and not taken, and-or stolen:
+
+- https://github.com/ESX-Org/es_extended/blob/master/server/functions.lua#L23  
+- https://github.com/ESX-Org/es_extended/blob/990feb9ca96cab7a14865bdfc084f0f557235d4c/server/main.lua#L279  
+- https://github.com/ESX-Org/es_extended/blob/990feb9ca96cab7a14865bdfc084f0f557235d4c/server/main.lua#L102 - https://github.com/ESX-Org/es_extended/blob/990feb9ca96cab7a14865bdfc084f0f557235d4c/server/main.lua#L256 (and this code isnt even available in his project at all).  
+
+As seen in his code comparison the only consistency he is showing is that function and paramater names are very similar, and this is because in fact the functions are doing similar code, using very similar parameters to finish such tasks. It's not a valid point to claim rights on code that just has matching function and parameter names.  
+For some reason he claims that we are stealing his code, but the codes in question dont match at all except function and paramter naming. What is stolen, the word `command`, `register`? Tell me, please. Because he is just refeering to function names and claiming it's his because of the same naming.  
+
+Furthermore when we ditched his code we had to implement the **exact same** features into ESX that essentialmode had, or else we couldn't go standalone. Previously to ditching essentialmode ESX relied on essentialmode to do things like registering commands, and player loading. So if we implement it ourself its considered then his code?! No its not, that's what he is trying to enforce. Commands handling is a perfect example of something we had to develop ourselves, and has nothing to do with him or his code. We hope you folks understand.  
+
+There is one file that we have considered that will be hard for us to claim as ours, which is https://github.com/ESX-Org/es_extended/blob/master/server/classes/player.lua. This file follows an concept shared by [private] in a chat with him a very long time ago, we didn't really think that a license talk was relevant as we are all in a modding community. If [private] really can force ownership on a file just because it is based of a shared concept file to the community, then we will see to remove the file as requested.  
+
+**False AGPLv3 license**
+
+We have already explained to GitHub how [private] attempt to license his code to AGPLv3 is a lie as his project in older versions were in fact not licensed to AGPLv3 at all, in fact no license was present - and we have already shown proof, and we have even discovered that we can provide even more proof:
+
+We found out that the web archive website had indexed his old website that he no longer uses, http://essentialmode.com.
+Web archive link: http://web.archive.org/web/20180516175223/https://docs.essentialmode.com/#license
+
+So around 2018-05-16 according to his website essentialmode v4 (and also some some versions at v5) were in fact licensed under nolicense **and not AGPLv3**. ESX-Org and its project es_extended was initialy commited to in 2017-06-31. So that's proof that [private] is lying about the AGPLv3 license. In his old website you can get a download link to his old version of essentialmode v4 that also had no license. ESX was developed around the time when essentialmode v4 was released to the public. The license he can enforce on us is nolicense and not AGPLv3.
+
+Again if there's anything we can provide to prove what I've mentioned then do not hesitate to contact, thanks a lot guys!
+[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://help.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]  
+
+**Please type your full legal name below to sign this request.**
+
+[private]