3.8 KiB
Are you the owner of the content that has been disabled, or authorized to act on the owner’s behalf?
Yes, I am the content owner.
Please describe the nature of your content ownership or authorization to act on the owner's behalf.
I worked on this source code with a team I formerly used to be part of. Such code I worked on has always been under the Internet Systems Consortium (ISC) license and ready to be open-sourced.
I worked on this code on the original repository through the "[private]" Virtual Private Server (VPS), and had all the rights to publish this code without explicit permission as it was allowed to be freely used, modified, and distributed under that same license.
The original repository that my former team and I worked on was: [private]
What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/devvjs/gameserver
Do you want to make changes to your repository or do you want to dispute the notice?
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?
The original repository and my repository are protected under the Internet Systems Consortium (ISC) license.
As stated by Internet Systems Consortium, the license grants: "Permission to use, copy, modify, and/or distribute this software for any purpose with or without fee is hereby granted, provided that the above copyright notice and this permission notice appear in all copies.", this statement can be found on their website at: https://www.isc.org/licenses/#:~:text=Most%20ISC%20software%20is%20open,greater%2C%20Kea%20DHCP%20versions%201.0.
In plain words, the ISC license is a permissive open-source license that allows users to freely use, modify, and distribute the licensed software.
The "copyright holder" stated that the original repository "does not have an explicit open source license", which can be found as incorrect since it has always been under the ISC license, and this fact can be proven on the first commit for "package.json": 9c35fc8a70 (diff-7ae45ad102eab3b6d7e7896acd08c427a9b25b346470d7bc6507b6481575d519)
The "copyright holder" also replied to the question "Is the work licensed under an open source license?" with a "No". Which is untruthful, therefore abusing the DMCA system to take down my repository following the publication of the version of the code I worked on.
Lastly, I never removed any "LICENSE" file as there never was any in the repository, to begin with - this again can be proven on the same link I left for the first commit of the repository. There was never any intention to infringe any copyright, and I am allowed to distribute it under my account according to the ISC license.
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 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.
So that the complaining party can get back to you, please provide both your telephone number and physical address.
[private]
[private]
[private]
Please type your full legal name below to sign this request.
[private]