зеркало из https://github.com/github/dmca.git
65 строки
2.8 KiB
Markdown
65 строки
2.8 KiB
Markdown
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Dear GitHub staff,
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I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
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This is a formal response to a claim of copyright infringement against
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my GitHub repository at <https://github.com/bui/taiko-web>. I believe
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the claims of copyright infringement are inaccurate and should be
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rejected because:
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- The complainant has provided no copyright registration information or
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other tangible evidence that the repository in question is in fact
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copyrighted by their client, and I have a good faith belief that it is
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not. The allegation of copyright violation is therefore in dispute, and
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at present unsupported.
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- The complaint does not follow the prescribed form for notification of
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an alleged copyright violation as set forth in the Digital Millennium
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Copyright Act, 17 USC 512(c)(3). Specifically, the complainant has
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failed to:
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-- Identify the specific copyrighted work claimed to be infringed, or,
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if multiple copyrighted works are covered by a single complaint, provide
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a representative list of such works. [17 USC 512(c)(3)(A)(ii)]
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-- Provide the URLs/filenames for the specific files in my repository
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that are alleged to be infringing. [17 USC 512(c)(3)(A)(iii)]
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- The complainant is concerned about the allegedly unauthorized use of
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sounds and images from their client's game in my repository. Should the
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complainant be able to properly identify the allegedly infringing files
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as required by the DMCA, I would be more than happy to remove them from
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the repository once it is reinstated.
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- The complainant admits that I have "recreated" their client's game.
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Because it is a recreation, it's not possible for my original game code
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to be copyrighted by the complainant's client. In addition, the
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complainant claims that my project uses the "Taiko no Tatsujin" name,
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however this name is never referenced except in the project README. The
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project is called "Taiko Web" which does not infringe on any of the
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complainant's rights.
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This communication to you is a DMCA counter notification letter as
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defined in 17 USC 512(g)(3):
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I swear, under penalty of perjury, that I have a good-faith belief that
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the material was removed or disabled as a result of a mistake or
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misidentification of the material to be removed or disabled.
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I ask that GitHub, upon receipt of this counter-notification, restore
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the material in dispute, unless the complainant files suit against me
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within ten (10) days, pursuant to 17 USC 512(g)(2)(B).
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I consent to the jurisdiction of Federal District Court for the judicial
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district in which my address is located (if in the United States,
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otherwise the Northern District of California where GitHub is located),
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and I will accept service of process from the person who provided the
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DMCA notification or an agent of such person.
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Best regards,
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[private]
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[private]
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Tel: [private]
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E-mail: [private]
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