2.4 KiB
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/plywood.
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, FacetJS (the allegedly infringed work) was released by Metamarkets under the Apache 2.0 license. Until Metamarkets deleted it, it was available at https://github.com/facetjs/facetjs/ under that license.
Plywood (the allegedly infringing work) is also licensed under the Apache 2.0 license, and incorporates material from FacetJS, with appropriate attribution.
Metamarkets knew and intended that FacetJS was released under the Apache 2.0 license; that licensing was well-known to Metamarkets executives and was announced in a public presentation at the Strata + Hadoop World conference in February 2015. A video of that presentation, including the announcement of Apache 2.0 licensing, is publicly posted at https://youtu.be/bZ3LqG3iHbM?t=32m36s.
While Metamarkets now appears to regret releasing FacetJS under the Apache 2.0 license, that license is, by its terms, irrevocable. And Metamarkets has received consideration for its open-source licensing of FacetJS: for example, Metamarkets has received and accepted third-party improvements to FacetJS, which is the essential quid-pro-quo of open-source software licensing.
In fact, Metamarkets itself uses Plywood -- itself an improvement to FacetJS -- and has participated in the development of Plywood. For example, the following pull requests in the Plywood repository were submitted by Metamarkets:
https://github.com/implydata/plywood/pull/6
https://github.com/implydata/plywood/pull/9
https://github.com/implydata/plywood/pull/11
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]