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This is a counter notification pursuant to 17 U.S.C. 512(g)(3). I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
The content that was disabled is the repository located at the following link: https://github.com/implydata/imply-pivot.
My contact information is as follows:
[private]
Mobile: [private]
[private]
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.
Specifically, as Metamarkets recognizes, the imply-pivot repository does not incldue and has never included the only material alleged to have been copied in Metamarkets' previous DMCA notice, which was one comment in the code. Far from being a repeat infringer, Imply Data has acted to remove from its source code history the material identified as allegedly infringing.
The material identified as infringing in the current DMCA notice is the presence of a "stacked time series view" and a "nested table view" in the Pivot software. But Metamarkets owns copyright in neither a "stacked time series view" nor a "nested table view." Instead, those are common ways of representing data which appear in a variety of software. They are in no way proprietary to Metamarkets.
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.
My electronic signature is below.
/s/ [private]