dmca/2024/02/2024-02-02-braytech-counternotice.md
2024-02-02 17:28:05 +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.

The takedown notice (made available to me under [private]) states that the code in the repository under https://github.com/KiaArmani/MIT-licensed-braytech.org is under the claiming party's "exclusive copyright." and answered the question of "Is the work licensed under an open source license?" with "No".

This statement is incorrect.

The code that is available under [private] repository contains the last available version of https://github.com/justrealmilk/braytech.org that was licensed under a MIT license (which was mirrored, unaltered, to my repository). Said license states:

"Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so, subject to the following conditions:

The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software."

Considering the provided license for that code, permission to re-distribute said code was granted.

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

https://github.com/KiaArmani/MIT-licensed-braytech.org

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?

As the repository under https://github.com/KiaArmani/MIT-licensed-braytech.org is no longer (publically) available, and the commits of the time when the codebase was MIT licensed were removed shorty after [private] published [private] repository, I kindly ask the team at GitHub to review existing backups of https://github.com/KiaArmani/MIT-licensed-braytech.org of that time (Q4 2019) to confirm that my statement is truthful.

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.

[private]
c/o [private]
[private]
[private]
[private]

Tel.: [private]
Mail.: [private]

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

[private]