diff --git a/2017/2017-07-19-SiCKRAGE-CounterNotice.md b/2017/2017-07-19-SiCKRAGE-CounterNotice.md new file mode 100644 index 000000000..9e3fa0caf --- /dev/null +++ b/2017/2017-07-19-SiCKRAGE-CounterNotice.md @@ -0,0 +1,76 @@ +I have read and understand GitHub's Guide to Filing a DMCA Counter Notice. + +I consent to the jurisdiction of Federal District Court for the judicial +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 am responding to Inform that the claims raised in the DCMA Takedown Notice for +the following URLs, and all commits therein and thereafter, are mistaken; + +github.com/SickGear/SickGear + +github.com/SickGear/SickGear/commit/4c8c6b21d531850b44c18ab9fc5cf664922a0f86 + +From here forward, the word CLAIMANT shall be used to refer to the project +repository "SickRageTV" located at URL github.com/SiCKRAGETV/SiCKRAGE +The word DEFENDANT shall be used to refer to the project repository "SickGear" +located at URL github.com/SickGear/SickGear + +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. + +Background; an original open source project licensed under GPLv3 was created by +[private] in 2010 named "Sick-Beard". At no point up to the creation date of +this document that is 2017.07.17 has the original "Sick-Beard" repository +ownership been transferred to any person(s) or bodies. + +The CLAIMANT project was created March 2014, forked from the "Sick-Beard" +project licensed under GPLv3. We shared repository admin rights and contributed +commits to the CLAIMANT before forking six months later. All conditions under +GPLv3 have been met by the DEFENDANT with branding inspired from Sick-Beard and +with no relation to SickRageTV or the SiCKRAGE brand. + +The CLAIMANT has no rights whatsoever to assert EITHER ownership or copyright of +DEFENDANT files given that; +a) Pursuant to the DEFENDANT created fork in 2014, the CLAIMANT changed (URL 1) +text in the COPYING.txt file claiming ownership in October of 2016 therefore +violating the project wide inherited GPLv3 license. +b) Pursuant to the DEFENDANT created fork in 2014, the CLAIMANT further violates +GPLv3 by replacing original authorship to make claim of ownership at mostly +all opportunities where GPLv3 permission are granted in files, this direction +was a driver for DEFENDANT to fork as the action was strongly disapproved of +as dishonest at best, the CLAIMANT has no claim to ownership in 2014. +c) The original ownership (i.e. [private]) is not doctored in the DEFENDANT fork +and ownership is clearly not or has ever belonged to the CLAIMANT. +d) Even if permission is given by all contributing parties for the CLAIMANT to +take ownership at this stage under GPLv3, a retrospective claim is a mistake. + +The CLAIMANT license (URL 1) in violation is located at; +github.com/SiCKRAGETV/SiCKRAGE/commit/99fb37277daf8bce54273b3128347117081745b7 + +The original authored "Sick-Beard" license is located at; +github.com/midgetspy/Sick-Beard/blob/master/COPYING.txt + +The unchanged DEFENDANT license is located at; +github.com/SickGear/SickGear/blob/master/COPYING.txt + +The CLAIMANT is Not a copyright holder of the DEFENDANT project or any one of +the DEFENDANT content files. +The CLAIMANT is Not authorized to act on behalf of the DEFENDANT, or on behalf +of the original author and creator "[private]". +The DEFENDANT is Not infringing on the CLAIMANT in any way whatsoever. + +Please dismiss this case and confirm in writing, if anything can be done to help +you progress this matter, do not hesitate to ask. + +Signature: + +[private] + +Contact Info: +Name: [private] +Address: [private] +Tel: [private] +Email: [private]