From c50672b125a2143a88ac1c3a1d76228b40022fbd Mon Sep 17 00:00:00 2001 From: Hubot Date: Mon, 19 Mar 2018 12:38:35 -0700 Subject: [PATCH] Process DMCA request --- 2018/2018-03-19-FlatWorld-CounterNotice.md | 31 ++++++++++++++++++++++ 1 file changed, 31 insertions(+) create mode 100644 2018/2018-03-19-FlatWorld-CounterNotice.md diff --git a/2018/2018-03-19-FlatWorld-CounterNotice.md b/2018/2018-03-19-FlatWorld-CounterNotice.md new file mode 100644 index 000000000..5d0d95546 --- /dev/null +++ b/2018/2018-03-19-FlatWorld-CounterNotice.md @@ -0,0 +1,31 @@ +**Are you the owner of the content that has been disabled, or authorized to act on the owner's behalf?** + +No. But, as noted below and in the takedown notice, the content is subject to a Creative Commons CC-BY-NC-SA license. + +**What files were taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:** +https://github.com/github/dmca/blob/master/2018/2018-02-06-FlatWorld.md +https://github.com/saylordotorg/text_the-business-ethics-workshop/blob/master/s00-license.html + +**Do you want to make changes to your repository or do you want to dispute the notice?** +Dispute the notice. The content should not be removed from Github or any other site as it is legally hosted under a CC BY-NC-SA license. + +**Is there anything else you think we should know about why you believe the material was removed as a result of a mistake?** +As Flatworld is aware and acknowledges in the Takedown Notice, this content was released under a "Creative Commons NC-BY-SA" license. All content released under that license is subject to the copy and distribution permissions, which are perpetual. The "date" of download or replication is irrelevant. However, contrary to the claim in the Notice, the content was downloaded in 2012 and is subject to the license. Moreover, that content remains under the license, perpetually, per the plain language of the license (which Flatworld is also aware). See CC-BY-NC-SA code, Section 7b. +https://creativecommons.org/licenses/by-nc-sa/3.0/legalcode + +Thus, this content is not the proper target of a takedown notice and can be legally hosted by GitHub or other repository per the plain terms of the license. Indeed, Flatworld executives previously acknowledged those permissions and in the past several years only disputed the "attribution" given in the copies, not the ability to make or distribute legal copies. + +**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 the Guide. + +**So that the complaining party can get back to you, please provide both your telephone number and physical address:** +[private] + +**Please type your full legal name below to sign this request:** +[private]