dmca/2014/2014-10-21-ElzoDesign-count...

2.1 KiB

Dear GitHub:

This letter is a formal response to a claim of copyright infringement against one or more of the documents that I've uploaded and published on Github.com. I believe the claims of copyright infringement are inaccurate and should be rejected because:

The complainant does not hold the copyright to the material in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner's rights.

The complaint does not follow the prescribed form for notification of an alleged copyright violation as set forth in the Digital Millennium Copyright Act, 17 USC 512(c)(3). Specifically, the complainant has failed to:

Include a written statement that the complainant has a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law. [17 USC 512(c)(3)(A)(v)] Include a written statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [17 USC 512(c)(3)(A)(vi)]

This communication to you is a DMCA counter notification letter as defined in 17 USC 512(g)(3):

I declare, under penalty of perjury, that I have a good faith belief that the complaint of copyright violation is based on mistaken information, misidentification of the material in question, or deliberate misreading of the law.

I ask that Github, upon receipt of this counter-notification, restore the material in dispute, unless the complainant files suit against me within ten (10) days, pursuant to 17 USC 512(g)(2)(B).

The content this counter notice applies to can be found at: https://github.com/Wild1145/LinkMe

My name, address, and telephone number are:

[private]

I hereby consent to the jurisdiction of Federal District Court for the judicial district in which I reside (or, if my address is outside the United States, the jurisdiction of the Federal District Court for the San Francisco, California judicial district).

I agree to accept service of process from the complainant.

Best regards,

[private]