Process DMCA request

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Hubot 2019-01-31 07:34:30 -08:00
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I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
Are you the owner of the content that has been disabled, or authorized to act on the owners behalf?
Answer: Yes, I'm the owner of [skypool-nimiq-miner](https://github.com/skypool-org/skypool-nimiq-miner).
What files were taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL:
Answer: I've received a GitHub DMCA takedown notice email of https://github.com/skypool-org/skypool-nimiq-mine.
Do you want to make changes to your repository or do you want to dispute the notice?
Answer: I want to 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? (optional)
1. I'm the owner of skypool and skypool-nimiq-miner, this repo is a blockchain project `Nimiq` mining client, and I'm the owner of one of the biggest Nimiq pools `skypool`. This repo is our mining client source code and binary release package for miners. We are the first pool of Nimiq, and the repo is start from 23 Jan 2018 as commit log.
2. The takedown notice sender `[private]` is another Nimiq pool, they are our opponent of mining pool, and they try to attack and make trouble to us everywhere, their takedown notice is just another attack.
3. They said we use their copyright code, that's not true. They want to take down our https://github.com/skypool-org/skypool-nimiq-miner/releases/tag/v1.3.3 , this release time is 13 Sep 2018, far before their closed source software release. It's impossible for us to using their code and release those packages before they release a closed source software.
4. Their organization is not open source and few repo stars (https://github.com/sushipool), and when we develop the GPU clients, they haven't release their software. And there is no way for me to get their closed source code, so they said we use their copyright code is not true.
5. Our software using websocket protocol by ourselves, the protocol first version is early 2018, at that time they haven't appear, the software is totally written by us.
Type (or copy and paste) the following statement: "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 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.
Type (or copy and paste) the following statement: "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."
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 Guide to Submitting a DMCA Counter Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-counter-notice/
I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
So that the complaining party can get back to you, please provide both your telephone number and physical address:
Email: [private]
Name: [private]
Telephone Number: [private]
Physical Address: [private]
Please type your full legal name below to sign this request:
[private]