Process DMCA request

2025/02/2025-02-13-frosty-dev-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 have been given authorization by the former frosty-dev [private] to act on their behalf, more specifically, I have been given authorization by:  
+- [private]  
+- [private]  
+- [private]  
+- [private]  
+
+to act on their behalf in the ongoing copyright dispute. All authorizations can be found here: [private]  
+
+**What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
+
+https://github.com/WWhiteDreamProject/wwdpublic
+
+**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?**
+
+Per EU Directive 2009/24/EC 
+
+Article 2, (1)  
+"The author of a computer program shall be the natural person or group of natural persons who has created the program or, where the legislation of the Member State permits, the legal person designated as the rightholder by that legislation."
+
+Article 3  
+"Protection shall be granted to all natural or legal persons eligible under national copyright legislation as applied to literary works."
+
+Article 4  
+"1.c: Subject to the provisions of Articles 5 and 6, the exclusive rights of the rightholder within the meaning of Article 2 shall include the right to do or to authorise any form of distribution to the public, including the rental, of the original computer program or of copies thereof."
+
+Per Github Terms Of Service  
+Section D, point 6:  
+"... If you have a separate agreement to license that Content under different terms, such as a contributor license agreement, that agreement will supersede. "
+
+Considering all the excerpts from legal text and citation from GitHub Terms Of Service, I believe that this DMCA notice is invalid and has been sent in a bad faith.
+
+All aforementioned pull requests that have been mentioned in the original DMCA have been made by people, who ported it afterwards, re-licensed it under AGPL on their own behalf and are original copyright holders. This can be confirmed per their notification of authorization.
+
+Frosty-Dev did not and doesn't have any copyright ownership transfer clause in their contract, nor they do have contract in the first place. This can be confirmed per their notification of authorization. As a former [private] of Frosty-Dev, I can attest to that.
+
+Contributors have NOT been informed about the license terms and did NOT agree on its' terms and withdrew their authorization for code usage by Frosty-Dev.
+
+**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.**
+
+1) [private]  
+2) [private]  
+
+**Please type your full legal name below to sign this request.**
+
+[private]