Process DMCA request

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Hubot 2020-03-04 11:34:47 -08:00
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**Are you the owner of the content that has been disabled, or authorized to act on the owners 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 the https://github.com/gabomdq/SDL_GameControllerDB repository creator and owner. I determined the original license terms on it and assigned Copyright to [private] as the rest of the libsdl.org family of libraries does. The original license terms as originally found on the repository are:
Simple DirectMedia Layer
Copyright (C) 1997-2013 [private]
This software is provided 'as-is', without any express or implied
warranty. In no event will the authors be held liable for any damages
arising from the use of this software.
Permission is granted to anyone to use this software for any purpose,
including commercial applications, and to alter it and redistribute it
freely, subject to the following restrictions:
1. The origin of this software must not be misrepresented; you must not
claim that you wrote the original software. If you use this software
in a product, an acknowledgment in the product documentation would be
appreciated but is not required.
2. Altered source versions must be plainly marked as such, and must not be
misrepresented as being the original software.
3. This notice may not be removed or altered from any source distribution.
**What files were taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL.**
Content referenced in takedown notice:
check.py: https://github.com/gabomdq/SDL_GameControllerDB/blob/master/check.py
mapping_guide.afdesign: https://github.com/gabomdq/SDL_GameControllerDB/blob/master/data/mapping_guide.afdesign
mapping_guide.png: https://github.com/gabomdq/SDL_GameControllerDB/blob/master/data/mapping_guide.png
**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?**
The original repository license terms and copyright I set for all contents can be found here: https://raw.githubusercontent.com/gabomdq/SDL_GameControllerDB/327cdcec3527e5931a7c48c41726ae2b748a3b2b/LICENSE
On Jan 9, 2018, as evidenced by https://github.com/gabomdq/SDL_GameControllerDB/commits/master/LICENSE user [private] (who was granted collaborator access on Nov 23, 2017 to help with maintenance and essentially merge pull requests from other users contributing controller mappings to the repository) edited the copyright notice in violation of item 3 of the aforementioned license (which prevents the license terms and copyright from being modified), and in violation of the trust I placed in him to merge contributions via PRs of other users, unlawfully assigning copyright to himself. This was reverted on Feb 14, 2020 by me, after noticing the unauthorized modifications done to the licensing terms.
It is in the spirit of the open source community and agreed by all contributors to this repository that the work they submit voluntarily is to be distributed under the aforementioned original copyright and licensing terms.
Due to the above reasons, none of the files mentioned in the DMCA notice received should be taken down, and doing so would set a bad precedent for the open source community at large, since itd be possible for contributors to steal copyright by simply editing license files and inserting their names on them.
Particular notes about each file:
check.py. Commit history at https://github.com/gabomdq/SDL_GameControllerDB/commits/master/check.py. Original contributor was user [private] on Jul 5, 2016. The original license terms again those mentioned above. On Jan 20th, user [private] unlawfully inserted license terms different from those on the LICENSE file (https://github.com/gabomdq/SDL_GameControllerDB/commit/ede68a4d1740881baee4804b3341d1c291bf773f#diff-80ee07c6b10902b1bae15660a736de65) assigning copyright to himself, yet again in violation of the trust placed in him by me as owner and creator of the repository. This bogus license and copyright has now been removed by me.
mapping_guide.afdesign and mapping_guide.png were voluntarily contributed to the repository to be distributed under the terms of the original LICENSE. As such the copyright is assigned to [private] and the distribution terms have not been violated.
**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.**
Phone: [private]
Address: [private]
**Please type your full legal name below to sign this request.**
[private]