dmca/2014/2014-02-10-Perseus-Books-counternotice.md
2016-08-20 11:58:00 -07:00

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<https://help.github.com/articles/dmca-takedown-policy#b-counter-notification-policy>:
> A physical or electronic signature of the Subscriber;
[private]
> Identification of the material that has been removed or to which
> access has been disabled and the location at which the material
> appeared before it was removed or access to it was disabled;
Before access to it was disabled, the material was available at
[fmap/flp.mobi](https://github.com/fmap/flp.mobi).
> A statement under penalty of perjury that the Subscriber has 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 state, under penalty of perjury, that I believe the material was
disabled as a result of a mistake or misidentification of the material
to be removed or disabled.
I interpret the basis of the [take-down][dmca] to be (1) Perseus holding
the copyright of _The Feynman Lectures on Physics_, (2) files in the
repository infringing upon that material. I don't believe either basis
is valid: (1) Caltech hold the copyright, Perseus only have print
publishing rights, the integrity of the notice relies on Perseus having
been authorised to act on behalf of Caltech; (2) none of Caltech's
content is included in the repository, all it contains are a set of
scripts to process material [provided by others][book].
[dmca]: https://github.com/github/dmca/blob/master/2014-02-07-Perseus-Books.md
[book]: http://www.feynmanlectures.caltech.edu/
> The Subscriber's name, address, and telephone number, and a statement
> that the Subscriber consents to the jurisdiction of Federal District
> Court for the judicial district of California, or if the Subscriber's
> address is outside of the United States, for any judicial district in
> which GitHub may be found, and that the Subscriber will accept service
> of process from the person who provided notification or an agent of
> such person.
[private]
I consent to the jurisdiction of Federal District Court for the judicial
district of California, and will accept service of process from the
person who provided notification or an agent of such person.