dmca/2017/2017-07-14-Kiss-CounterNotice.md

Are you the owner of the content that has been disabled, or authorized to act on the owner's behalf?

Yes i am the owner of all the content in the GitHub project https://github.com/actsl/kiss_sdl and the owner of all repository files there, and the comments on issues and pull requests written by me. Except i don't claim the ownership of the entire file https://github.com/actsl/kiss_sdl/files/1030147/project1.zip which is not a GitHub repository file, and which i wanted to be removed from the time the person claimed that some of its content is his/her cpopyright and when it was no longer necessary for providing the help that he/she requested in a public forum, but i couldn't remove that file, as it is not a GitHub repository file and i don't know how to remove it or whether it is possible to remove it.

What files were taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:

My entire repository https://github.com/actsl/kiss_sdl was taken down and all the other persons forks of it, and also the file https://github.com/actsl/kiss_sdl/files/1030147/project1.zip that was the only file he/she claimed to contain any of his/her copyrighted material, a file which is not a GitHub repository file and thus cannot be even forked.

Do you want to make changes to your repository or do you want to dispute the notice?

I want to dispute the notice. I don't have to change anything in my project and repository, as there are no references to the contested file https://github.com/actsl/kiss_sdl/files/1030147/project1.zip . I also want that file to be permanently removed, which i couldn't do still cannot do or don't know whether it's possible to remove it. If it cannot be removed, i want the access to it to be permanently denied, which also i couldn't do, all i could do was to remove all links to that file from anywhere in the Internet so that no one can access it, which i did several days before the request. I dispute taking down my repository and other peoples forks of it, which was even not necessary as that file is not a GitHub repository file, and thus also no one can fork it.

Is there anything else you think we should know about why you believe the material was removed as a result of a mistake? (optional)

I think i must show the false or inaccurate information that the person who made the request, provided.
I am the copyright owner, I alone created the code at the provided link.

The claim is false, the file https://github.com/actsl/kiss_sdl/files/1030147/project1.zip also contains code and content created by me, without adding code and editing configuration files i couldn't even try to help him/her to build some code he/she provided, for Android. But i have not claimed copyright to that content.
Code to my app. This is not fully correct code but it's my first app and I don't want it online for everyone to find. He tried to help me build the code with windows ndk-build , couldn't do it and now refuses to take it down.

The claim is false, i did help him/her. I didn't refuse to take it down, as i wrote in the SDL development forum that i don't know how to delete or make inaccessible the files in GitHub that are uploaded as an attachments to issues, i still don't know how to do that and whether it is even possible. I wanted to remove that file when he/she first said that it contains his/her copyrighted information, but couldn't. So i did all i could to make this file not accessible, removing all links to it from the SDL development forum, where i put it as a response to his/her posts, so that he/she can download the Android project made of the files that he/she referred to in the SDL development forum, to provide the help that he/she requested. The file was never linked in my GitHub project or anywhere else, i just uploaded it there to help him/her, finding no better place to upload such file, so that he/she can download the file. Whether the code that he/she referred to was written by him/her, some of which was added to the file, i didn't know and still don't know. Thus false is that i refused to take it down, never did i refuse to take it down, i wanted to take it down, but at the time i couldn't do that, which i also said.
I asked him to take it down but he wont, he didn't add any content to this code it's 100% mine.

As explained above, both of these claims are false, i didn't refuse to take it down, but at the time for objective reasons couldn't, which i also said in the forum, and the code and content in that file is not 100% his/her.
Everything should be taken down, this whole project

This is a false request, the file where she claims is some of his/her copyrighted code, https://github.com/actsl/kiss_sdl/files/1030147/project1.zip , is not a part of my project https://github.com/actsl/kiss_sdl , never was and it was never linked to from anywhere in the project. This is a file uploaded as an issue attachment, but was also not attached to any issue, the sole purpose of uploading that file was by his/her request to help him/her to build the code he/she referred to, to Android. Neither was that code anyhow related to my project. I want to permanently delete the file https://github.com/actsl/kiss_sdl/files/1030147/project1.zip , as after helping him/her this file is useless for me, and i don't want anyone to see it. The file https://github.com/actsl/kiss_sdl/files/1030147/project1.zip has to be deleted or made inaccessible, but i didn't know how to do that as it is not a GitHub repository file. Extending the request to my whole project is a false request, as it is even not a GitHub repository file, not a part of my project, not referred to in my project, and not anyhow related to my project.
I believe he has everything in this one project

Again a false claim as explained above, this file was not a part of my project, and there was no reason to also take down all the forks of my project, as a file that is uploaded as an attachment to an issue, the file https://github.com/actsl/kiss_sdl/files/1030147/project1.zip , cannot be forked.
No it is not, I did not create a open source license or any type of license.

He/she didn't provide any license to the code he/she referred to in her request for help to build that code for Android, not her license or a licence of anyone else, neither do i know whether the code was his/her, but i assumed that he/she gave his/her agreement to use that code by others for the purpose of helping him/her, by making such request in a public forum, and referring to the code he/she wanted to be built for Android.
Permanently and for 100% remove the folder from GitHub .

Again false request, as explained above, folder may refer to my entire project, while the only place she claims is any of her copyrighted code, is that one file https://github.com/actsl/kiss_sdl/files/1030147/project1.zip , which is not even a GitHub repository file.
I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration.

The oath is false, the use of the allegedly copyrighted material was made by his/her request to help, and uploading the file containing that material was necessary to provide the help that he/she requested, so that he/she can download an Android project made with some of the code that he/she referred to and wanted people in the SDL development forum, to build that code for him/her for Android.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed

The oath is false, as explained above, the information in his/her notification was not completely accurate, and some of it is obviously false.

PS i just received an email from [private] from GitHub Staff at support@github.com, informing me of the following:

"It isn't possible for you to remove these uploads"

Thus i was requested by the person who made the DMCA request, doing what i were not able to do, and my repository was taken down because of the reasons which didn't depend on me. I thought requesting GitHub of removing that file, but i didn't do that in a short time as i still hoped that i can remove that file. I contacted other places trying to find more information, including Amazon Drive, as i erroneously thought that this file is in the Amazon Drive cloud, but didn't contact GitHub directly though, which in time i did do.

Type (or copy and paste) the following statement: "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 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.

Type (or copy and paste) the following statement: "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."

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: https://help.github.com/articles/guide-to-submitting-a-dmca-counter-notice/

I have read our Guide to Submitting a DMCA Counter Notice: https://help.github.com/articles/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:

My telephone number is [private], and my pysical address is [private]

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

[private]