4.9 KiB
Are you the owner of the content that has been disabled, or authorized to act on the owner’s behalf?
Yes
What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL:
972485481d/tribit
Do you want to make changes to your repository or do you want to dispute the notice?
I want to dispute the notice.
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 previously worked for McGraw-Hill Education in a capacity that interfaced with software products either licensed or purchased from Area9 (the organization that is claiming that my GitHub files are infringing).
As part of being hired by McGraw Hill, I was informally asked to complete the Tribit question and received a problem description by email to complete it at home. It did not include any confidentiality agreement, NDA documents, or any other restrictions on my ability to share the content of the Tribit software test, to my knowledge. I communicated back and forth with employees of McGraw-Hill Education regarding my solution to the test, and did not have any knowledge that Area9 originated the test, and I did not (to the best of my knowledge) sign any documents agreeing to any type of non-disclosure agreement for this.
If Area9 can provide a copy of any signed non-disclosure agreement with my signature, confirming that I did sign such an agreement, then I will be happy to take down these files and remove them from the GitHub repository. However, to the best of my knowledge, I did not sign any such agreement, none of the communication with McGraw-Hill Education employees indicated any such agreement, and I had no contact during the interview phase with anyone from Area9.
I would like to add that the solution of the tribit problem is a matter of my public portfolio, and I use it to share with prospective employers to help establish my skill in software development. I specifically use this example because I did not (to the best of my knowledge) sign any NDA agreements or confidentiality agreements or otherwise consent to any restrictions on sharing the problem statement that I was sent or the solution that I developed. If (to the best of my knowledge) I had agreed to any such confidentiality or NDA constraints, then I would not share that solution as part of my public profile in publicly viewable GitHub repositories.
Given this, I want to reiterate that if anyone from Area9 can indicated where I have signed an NDA or other confidentiality agreement with them that precludes me from sharing the interview question I was sent by McGraw-Hill employeers who interviewed me, then I will be happy to amicably take down the material. All the need to do is provide me with proof that I did sign such an agreement with Area9 or that I am otherwise covered by some type of NDA through some other means. I do not want to hinder Area9 in their pursuit of their copyright protections. I just honestly and sincerely believe, to the best of my knowledge, that it does not apply to the Tribit problem statement or solution files as they were created for McGraw-Hill Education and (to the best of my knowledge) did not have any NDA or confidentiality agreements or statements associated with them.
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 and understand GitHub's Guide to Filing a DMCA Counter Notice.
So that the complaining party can get back to you, please provide both your telephone number and physical address:
Telephone: [private]
Address: [private]
Please type your full legal name below to sign this request:
[private]