Process DMCA request

2017/2017-07-19-SiCKRAGE-CounterNotice.md

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+I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
+
+I consent to the jurisdiction of Federal District Court for the judicial
+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 am responding to Inform that the claims raised in the DCMA Takedown Notice for
+the following URLs, and all commits therein and thereafter, are mistaken;
+
+github.com/SickGear/SickGear
+
+github.com/SickGear/SickGear/commit/4c8c6b21d531850b44c18ab9fc5cf664922a0f86
+
+From here forward, the word CLAIMANT shall be used to refer to the project
+repository "SickRageTV" located at URL github.com/SiCKRAGETV/SiCKRAGE
+The word DEFENDANT shall be used to refer to the project repository "SickGear"
+located at URL github.com/SickGear/SickGear
+
+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.
+
+Background; an original open source project licensed under GPLv3 was created by
+[private] in 2010 named "Sick-Beard". At no point up to the creation date of
+this document that is 2017.07.17 has the original "Sick-Beard" repository
+ownership been transferred to any person(s) or bodies.
+
+The CLAIMANT project was created March 2014, forked from the "Sick-Beard"
+project licensed under GPLv3. We shared repository admin rights and contributed
+commits to the CLAIMANT before forking six months later. All conditions under
+GPLv3 have been met by the DEFENDANT with branding inspired from Sick-Beard and
+with no relation to SickRageTV or the SiCKRAGE brand.
+
+The CLAIMANT has no rights whatsoever to assert EITHER ownership or copyright of
+DEFENDANT files given that;  
+a) Pursuant to the DEFENDANT created fork in 2014, the CLAIMANT changed (URL 1)
+text in the COPYING.txt file claiming ownership in October of 2016 therefore
+violating the project wide inherited GPLv3 license.  
+b) Pursuant to the DEFENDANT created fork in 2014, the CLAIMANT further violates
+GPLv3 by replacing original authorship to make claim of ownership at mostly
+all opportunities where GPLv3 permission are granted in files, this direction
+was a driver for DEFENDANT to fork as the action was strongly disapproved of
+as dishonest at best, the CLAIMANT has no claim to ownership in 2014.  
+c) The original ownership (i.e. [private]) is not doctored in the DEFENDANT fork
+and ownership is clearly not or has ever belonged to the CLAIMANT.  
+d) Even if permission is given by all contributing parties for the CLAIMANT to
+take ownership at this stage under GPLv3, a retrospective claim is a mistake.
+
+The CLAIMANT license (URL 1) in violation is located at;
+github.com/SiCKRAGETV/SiCKRAGE/commit/99fb37277daf8bce54273b3128347117081745b7
+
+The original authored "Sick-Beard" license is located at;
+github.com/midgetspy/Sick-Beard/blob/master/COPYING.txt
+
+The unchanged DEFENDANT license is located at;
+github.com/SickGear/SickGear/blob/master/COPYING.txt
+
+The CLAIMANT is Not a copyright holder of the DEFENDANT project or any one of
+the DEFENDANT content files.  
+The CLAIMANT is Not authorized to act on behalf of the DEFENDANT, or on behalf
+of the original author and creator "[private]".  
+The DEFENDANT is Not infringing on the CLAIMANT in any way whatsoever.
+
+Please dismiss this case and confirm in writing, if anything can be done to help
+you progress this matter, do not hesitate to ask.
+
+Signature:
+
+[private]
+
+Contact Info:  
+Name: [private]  
+Address: [private]  
+Tel: [private]  
+Email: [private]