dmca/2022/09/2022-09-21-source-code-counternotice.md

**Are you the owner of the content that has been disabled, or authorized to act on the owner’s behalf?**

Yes, I am authorized to act on the content owner's behalf.

**Please describe the nature of your content ownership or authorization to act on the owner's behalf.**

I am authorised by the owner of the Repository to act on their behalf. The owner of this Repository is LioranBoard, but has now rebranded and is known as SAMMI Solutions. I am the [private] of the SAMMI Solutions team.

**What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**

This LioranBoard 2 Official repository was taken down: https://github.com/LioranBoard/LioranBoard-2-Official/releases

It is alleged that it is infringing upon the source code provided in a private repository by [private] as well as a public repository called Lioranboard2Update.

**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?**

I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.

I am noting that LioranBoard (the owner of the repository that has been taken down) has now re-branded to SAMMI Solutions and the maintenance of this LioranBoard repository is strictly for archival purposes.

As mentioned in the answer above, [private] (not to be confused with LioranBoard) alleges that the content of our repository has infringed upon his copyright of a private source code that was "never shared", as well as the copyright of a second public repository called Lioranboard2Update.

[private] private Source Code Repository:
I am submitting evidence that [private] voluntarily shared the source code with the developer of LioranBoard (now rebranded to SAMMI), willingly on his own accord, and had licensed the source code under the MIT License. Please see the links to these images below:

1. Initial Repo Share Invite.png: The original invite sent from [private] to [private] (the [private] of LioranBoard and SAMMI Solutions) to share the source code repository (now private) with her. ([private])

2. Screenshots 1-6: Screenshots of the License attached to that source code repository, identified clearly as an MIT License at the time of sharing. ([private])

3. License Proof.mp4: A video of the above, to further prove that the screenshots have not been doctored or edited in any way. ([private])

Pursuant to this, as per the terms and conditions of the MIT License, 'Permission is hereby granted, free of charge, to any person obtaining a copy of this software and associated documentation files (the "Software"), to deal in the Software without restriction, including without limitation the rights to use, copy, modify, merge, publish, distribute, sublicense, and/or sell copies of the Software, and to permit persons to whom the Software is furnished to do so'.

Our repository which has had the DMCA takedown notice applied, and uses this code from [private]'s repository, has always included [private]'s copyright license within the repository and the notice is in all copies or substantial portions of the Software. Please refer to the License-MIT.md file in the repository.

Therefore, there is no legal basis for this takedown notice and we are disputing this claim on the grounds of a mistakenly issued takedown notice.

Lioranboard2Update Repository (https://github.com/LioranWaters/Lioranboard2Update):
The DMCA take down notice also mentions that our repository has infringed on this second repository belonging to [private]. First and foremost, this repository is public and all commits to it are viewable. As you can see through the repo history, the MIT License was in effect since December 2021, which gives rights to anyone who has access to this repository to use the contents subject to the terms and conditions of the License.

After the take down notice was issued by GitHub on the 13 of September 2022 (AEST), [private], for reasons unknown, removed the MIT License from the repository. This is despite mentioning in the GitHub takedown notice, that the repository is 'free to be used by anyone' - see the GitHub takedown notice here: https://github.com/github/dmca/blob/master/2022/09/2022-09-12-source-code-2.md).

You can see this in the deletion of the MIT License in the commit history of the repository (https://github.com/LioranWaters/Lioranboard2Update/commits/main). Screenshots of this are here:

1. MIT License Lioranboard2Update - Screenshot of the repository with the MIT License attached, before the deletion of the license, ([private])

2. Deletion of License - A GitHub commit he made to delete the MIT License. ([private])

The removal of the MIT license is not retroactive, and the usage of the content up until the 13 of September 2022 (AEST) is governed by that open source license, and therefore, once again, the take down notice is not valid based on this.

After a thorough perusal of the takedown notice .rtf file, we have also found that the declaration that 'Although the program is free to use, the source code is private and the version provided was never provided by myself or an authorized person.' is untrue. As mentioned above, the private source code repo contained an MIT license when the code was voluntarily shared. The Lioranboard2Update Repo is publicly available and the MIT license was in effect up until the 13th of September, thus further proving that no infringement of this license has occurred and is conflicting with the assurance from [private] that the information in the original takedown notification is accurate.

It is beyond a reasonable doubt with this evidence that the [private] source code and Lioranboard2Update was shared with an MIT License with the developer for Lioranboard (now SAMMI Solutions). This code that was then used to in the Lioranboard repository. All copyright attribution has been provided in accordance to the MIT license terms and conditions and requirements. The team at Lioranboard/SAMMI-Solutions have not infringed on anyone's copyright, and has attributed all copyright to the rightful owners as legally required by the MIT Licenses of both the private source code rpeo and the Lioranboard2Update repo.

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.

**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 <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-counter-notice">Guide to Submitting a DMCA Counter Notice</a>.**

**So that the complaining party can get back to you, please provide both your telephone number and physical address.**

Phone Number: [private]  
Address: [private]

**Please type your full legal name below to sign this request.**

[private]