3.5 KiB
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]