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Process DMCA request
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This is a counter notification pursuant to 17 U.S.C. 512(g)(3). I have read
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and understand GitHub's Guide to Filing a DMCA Counter Notice.
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The content that was disabled is the repository located at the following
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link: https://github.com/implydata/plywood.
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My contact information is as follows:
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[private]
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Mobile: [private]
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[private]
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I swear, under penalty of perjury, that I have a good-faith belief that the
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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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Specifically, FacetJS (the allegedly infringed work) was released by
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Metamarkets under the Apache 2.0 license. Until Metamarkets deleted it, it
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was available at https://github.com/facetjs/facetjs/ under that license.
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Plywood (the allegedly infringing work) is also licensed under the Apache
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2.0 license, and incorporates material from FacetJS, with appropriate
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attribution.
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Metamarkets knew and intended that FacetJS was released under the Apache
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2.0 license; that licensing was well-known to Metamarkets executives and
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was announced in a public presentation at the Strata + Hadoop World
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conference in February 2015. A video of that presentation, including the
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announcement of Apache 2.0 licensing, is publicly posted at
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https://youtu.be/bZ3LqG3iHbM?t=32m36s.
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While Metamarkets now appears to regret releasing FacetJS under the Apache
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2.0 license, that license is, by its terms, irrevocable. And Metamarkets
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has received consideration for its open-source licensing of FacetJS: for
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example, Metamarkets has received and accepted third-party improvements to
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FacetJS, which is the essential quid-pro-quo of open-source software
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licensing.
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In fact, Metamarkets itself uses Plywood -- itself an improvement to
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FacetJS -- and has participated in the development of Plywood. For example,
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the following pull requests in the Plywood repository were submitted by
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Metamarkets:
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https://github.com/implydata/plywood/pull/6
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https://github.com/implydata/plywood/pull/9
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https://github.com/implydata/plywood/pull/11
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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, otherwise
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the Northern District of California where GitHub is located), and I will
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accept service of process from the person who provided the DMCA
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notification or an agent of such person.
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My electronic signature is below.
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/s/ [private]
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