4.0 KiB
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.
My name is [private] (aka. [private]). In late 2011, I started modding the game Terraria with a group of people that would later be renamed to Pryaxis. During the early development and lifecycle of Terraria, I was working directly with [private] to beta test several versions of the game, as well as reporting directly to him to suggest multiplayer network security enhancements and other bug fixes. During this time, I signed an agreement with [private] that was effectively an NDA, but this would have been contradictory as I have been releasing modified copies of the game for the duration. The agreement included a stipulation granting me and the project the ability to distribute copies of the source code for Terraria for the purposes of modding. Throughout the years, our project has had an amicable relationship with Re-Logic, and has direct contact with Re-Logic. We still work to make performance suggestions, suggest multiplayer security improvements, and help diagnose and report bugs for Re-Logic developers. We do not distribute functioning copies of the game, and we do not disable DRM, nor do we distribute any copyrighted assets. This means that the typical motivations for copyright protection (i.e., piracy) are not a concern here.
What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
This is the only specific file that was listed under the DMCA notification, but this is not the only location:
https://github.com/Pryaxis/Sources/tree/master/1.4.0.3?ts=4
This counter-notification applies to the entire repository:
https://github.com/Pryaxis/Sources
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 a direct point of contact with Re-Logic. I consulted with this point of contact and his reaction was surprise. The GitHub timeline for response to the notification is 1 business day, and unfortunately, I did not check my email until after the end of the business day. Because the 1 business day deadline is ambiguous, I do not have the ability to reach out to other members of Re-Logic, including [private], to confirm a shared understanding. However, my project has existed since 2011, and because of my team and my own intimate relationship with Re-Logic, I believe in good faith that this DMCA notification was sent in error.
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 Guide to Submitting a DMCA Counter Notice.
So that the complaining party can get back to you, please provide both your telephone number and physical address.
[private]
Mobile: [private]
Mobile 2: [private]
Email: [private]
Please note: I am the registered agent acting on behalf of Pryaxis Limited, a Colorado Limited Liability Company. While Pryaxis Limited maintains control of the Pryaxis GitHub organization through a very loose set of parameters, for legal purposes, I, [private], am the person with the aforementioned agreement with Re-Logic.
Please type your full legal name below to sign this request.
[private]