dmca/2016/2016-08-18-PokeMobBot-count...

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2016-08-20 21:58:00 +03:00
MobBotTeam
[private]
Dear Github,
I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
and am including this statement as proof and as required.
This letter is a formal response to a claim of copyright infringement
against our Github repo that may be found at the following address :
https://github.com/MobBotTeam/PokeMobBot
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.
Our project is licensed under AGPLv3, and projects from which we have taken
code are licensed under GPLv3. We have fully complied with all licensing
requirements from said projects.
I have good reason to believe that the Initial DMCA Notice was erroneously
filed as a result of internal issues within the previous projects.
PokeMobBot and NecroBot first were only NecroBot, until the developement
team split into both projects as a result of the expulsion of Necronomicon.
Necronomicon then moved on to create "NecroBot", which actually took code
from PokeMobBot to include it in NecroBot. An example would be as follows :
https://github.com/PocketMobsters/PokeMobBot/pull/378/files
The above link is a pull request from an original piece of code from
PokeMobBot.
https://github.com/NECROBOTIO/NecroBot/commit/b968fa24fb920deeed3e77dc535761dad832e602
The above link is the same code taken by NecroBot, without attribution,
nine hours after our initial pull request.
Another example of such would be their Readme file. They demonstrate being
licensed as AGPLv3, yet their license file is GPLv3.
This is due to them ripping off our very own Readme without verification.
Hence, their GPLv3 license is void.
Multiple instances of such have happened. Most code of NecroBot and
PokeMobBot are extremely similar or the same due to cases such as above or
the initial split otherwise.
Hence, i re-state that i have good reason to believe that the initial DMCA
Notice is false, and was only filed in order to sabotage our project.
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 Northen District of California where GitHub is located), and i will
accept service of process from the person who provided the DMCA
notification or agent of such person.
[private]