зеркало из https://github.com/github/dmca.git
94 строки
4.4 KiB
Markdown
94 строки
4.4 KiB
Markdown
|
*I have read and understand GitHub’s Guide to Filing a DMCA Counter Notice.*
|
|||
|
|
|
|||
|
|
Because it is required of GitHub’s counter notice process, I state the
|
|||
|
|
following:
|
|||
|
|
|
|||
|
|
*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.*
|
|||
|
|
|
|||
|
|
The allegedly infringing code in the `oh-my-fish` core library is MIT
|
|||
|
|
licensed open source code, voluntarily contributed — in part by the accuser
|
|||
|
|
— and used in accordance with that license:
|
|||
|
|
|
|||
|
|
- https://github.com/oh-my-fish/oh-my-fish/tree/master/lib
|
|||
|
|
|
|||
|
|
While he now regrets opening the pull request wherein this code was
|
|||
|
|
contributed — and we regret accepting this pull request — it was MIT
|
|||
|
|
licensed, both before and after the pull request. It is properly attributed
|
|||
|
|
in revision history, and in the AUTHORS and LICENSE files, and is used in
|
|||
|
|
accordance with the terms of that license.
|
|||
|
|
|
|||
|
|
In fact, much of this code was originally copied into Wahoo, *from Oh My
|
|||
|
|
Fish*. The majority of the `git` package, which he claims infringes on
|
|||
|
|
Wahoo’s copyright, was copied from *a personal project of mine*, found in
|
|||
|
|
https://github.com/oh-my-fish/theme-bobthefish.
|
|||
|
|
|
|||
|
|
The `fish-spec` package listed in the complaint was removed as a result of
|
|||
|
|
misidentification:
|
|||
|
|
|
|||
|
|
- https://github.com/oh-my-fish/oh-my-fish/tree/master/pkg/fish-spec
|
|||
|
|
|
|||
|
|
It, in fact, shares *nothing but the folder name* in common with the code
|
|||
|
|
cited in the complaint. Not a single line of code, function signature or
|
|||
|
|
path is the same, because it was written, from scratch, by another
|
|||
|
|
developer at another time.
|
|||
|
|
|
|||
|
|
A previous DMCA takedown request *against this same repository*
|
|||
|
|
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
|
|||
|
|
|
|||
|
|
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
|
|||
|
|
|
|||
|
|
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
|
|||
|
|
|
|||
|
|
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
|
|||
|
|
|
|||
|
|
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
|
|||
|
|
|
|||
|
|
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
|
|||
|
|
|
|||
|
|
<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
|
|||
|
|
|
|||
|
|
was resolved, supposedly to the satisfaction of all parties involved, per
|
|||
|
|
this retraction from the accuser
|
|||
|
|
<https://github.com/github/dmca/blob/master/2015-09-24-wahoo-retraction.md>:
|
|||
|
|
|
|||
|
|
- I have talked to @bpinto and his other collaborators and decided to
|
|||
|
|
reconcile and conclude our litigation amicably on the following conditions:
|
|||
|
|
-
|
|||
|
|
- * The license read Copyright (c) 2015 Oh My Fish!
|
|||
|
|
- * Add an AUTHORS file with proper copyright attribution.
|
|||
|
|
- * @bpinto and @bobthecow go on as admins.
|
|||
|
|
- * @scorphus, @derekstavis and @bucaran are now collaborators.
|
|||
|
|
- * We swear not to fight over copyright issues again ;)
|
|||
|
|
-
|
|||
|
|
- You may have the DMCA revoked at your earliest convenience.
|
|||
|
|
|
|||
|
|
The allegedly infringing code *is not* in violation of the DMCA or any
|
|||
|
|
other copyright law. It consists of voluntarily contributed — and MIT
|
|||
|
|
licensed — code. The license, copyright notice, attribution and revision
|
|||
|
|
history are maintained, in accordance with the terms of the license.
|
|||
|
|
|
|||
|
|
In addition to the above, I have a good-faith belief that the removal of
|
|||
|
|
the following repositories *was not* a mistake or misidentification:
|
|||
|
|
|
|||
|
|
- https://github.com/oh-my-fish/plugin-tiny
|
|||
|
|
- https://github.com/oh-my-fish/plugin-getopts
|
|||
|
|
- https://github.com/oh-my-fish/plugin-shark
|
|||
|
|
- https://github.com/oh-my-fish/plugin-pbcopy
|
|||
|
|
- https://github.com/oh-my-fish/plugin-theme
|
|||
|
|
|
|||
|
|
I have a good-faith belief that these repositories were removed as an
|
|||
|
|
escalation of a deliberate campaign of harassment and abuse, including
|
|||
|
|
multiple false DMCA claims. These are forks of MIT licensed open source
|
|||
|
|
repositories. The license, copyright notice, attribution and revision
|
|||
|
|
history are maintained, in accordance with the terms of the license.
|
|||
|
|
|
|||
|
|
*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.*
|
|||
|
|
|
|||
|
|
[private]
|