4.4 KiB
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.
RBB S.r.l. is the owner of the content, as it legitimately received its assignment (see below); I answer the questions as the [private] of RBB S.r.l.
With agreement executed and delivered on [private], RBB S.r.l. entrusted [private] for the assistance and consultancy for i) the development and improvement of the Mintlayer blockchain software and ii) the visibility as well as the dissemination and use of the Mintlayer platform. This said agreement expressly provides in Article 8: “Anything made and developed by RBB with the support of [private] and any third party used by [private] is and remains the intellectual property of RBB”.
From the documentation provided to us by [private], it appears that on [private] [private] has in turn entered into an agreement with Loksias Sàrl with respect to the materials in question; Article 9 of this agreement provides that [private] owns all rights to the software developed by Loksias Sàrl, including, therefore, the software in re.
What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/mintlayer/mintlayer-core
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 material should not be removed for the following reasons.
First:
(i) RBB S.r.l. has no relationship with the company Loksias Sàrl; as reported and explained in the answer to question No. 1, RBB S.r.l. is the exclusive owner of the rights to the relevant software, for having acquired them in good faith from HTLC Consulting FZC LLC, which had acquired the same rights from Loksias Sàrl.
Subordinately:
(ii) To our knowledge, Loksias Sàrl is one of the developers of the software and we know that there are ongoing complaints between this company and [private] concerning the quality of the service provided by Loksias Sàrl and, consequently, certain payments to the latter. Even with respect to these disputes, RBB S.r.l. remains uninvolved. In any case, we point out that, to our knowledge, such mere complaints do not imply any formal termination of the agreement between Loksias Sàrl and [private], which, therefore, is still valid and in force and we underline that Loksias did not provide any evidence of this termination.
(iii) In any case, the takedown notice asked to disable the entire repository, despite the fact that Loksias Sàrl developed only a minor part of it.
Finally and in any case:
(iv) we point out that the software in question was published under an open-source license (specifically, the MIT license), and this reference to the MIT license was prominently included in the header of each source file in the repository, including those files written by “Loksias Sàrl”. Loksias Sàrl expressly accepted this upon publishing the software on your platform, contrary to what was falsely stated in the takedown notice. Therefore, Loksias Sàrl cannot stop any third party - such as RBB – from using it or request this software to be removed from your platform.
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.
RBB S.r.l.
[private]
[private]
[private]
telephone: [private]
Please type your full legal name below to sign this request.
[private]