dmca/2023/06/2023-06-13-nataili-counternotice.md
2023-06-13 20:07:55 +00:00

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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 [private] of this open sourced library, in which these files reside.

What files were taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL.

https://github.com/Haidra-Org/hordelib/
https://github.com/db0/hordelib/
https://github.com/tazlin/hordelib/

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?

There is no copyright dispute. This is a claim against attribution which is not a valid based on the license of AGPL3

AGPL3 clearly clarifies there is no copyright issue, so long as I retain the license, which we very prominently do here:

https://github.com/Haidra-Org/hordelib/blob/main/LICENSE

Under Section 2: Basic Permissions.
"You may make, run and propagate covered works that you do not convey, without conditions so long as your license otherwise remains in force."

Likewise, the attribution claim is false as it was not requested that it be explicitly preserved as per section 7b of the AGPL

https://www.gnu.org/licenses/agpl-3.0.en.html

All the code in this library has been written by members of the open source community around this project, of which [private] used to be an enthusiastic member.

The code in question has been AGPL3 from the start and as the license clearly states there is absolutely no question of a copyright violation to which a DMCA notice would be relevant. The files in this DMCA notice have been ported from a previous library [private] also co-authored which was likewise AGPL3 licensed: https://github.com/db0/nataili

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 Guide to Submitting a DMCA Counter Notice.

So that the complaining party can get back to you, please provide both your telephone number and physical address.

IN UNDER NO CIRCUMSTANCES CAN YOU GIVE THE COMPLAINING PARTY MY PHYSICAL ADDRESS.

[private]

[private]
[private]
[private]

Please type your full legal name below to sign this request.

[private]