dmca/2016-02-18-Wahoo-counternotice.md в 88ca42e501c5a42f4e77a753e7ef079f015078c5

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

Because it is required of GitHub’s counter notice process, I state the following:

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.

The allegedly infringing code in the oh-my-fish core library is MIT licensed open source code, voluntarily contributed — in part by the accuser — and used in accordance with that license:

https://github.com/oh-my-fish/oh-my-fish/tree/master/lib

While he now regrets opening the pull request wherein this code was contributed — and we regret accepting this pull request — it was MIT licensed, both before and after the pull request. It is properly attributed in revision history, and in the AUTHORS and LICENSE files, and is used in accordance with the terms of that license.

In fact, much of this code was originally copied into Wahoo, from Oh My Fish. The majority of the git package, which he claims infringes on Wahoo’s copyright, was copied from a personal project of mine, found in https://github.com/oh-my-fish/theme-bobthefish.

The fish-spec package listed in the complaint was removed as a result of misidentification:

https://github.com/oh-my-fish/oh-my-fish/tree/master/pkg/fish-spec

It, in fact, shares nothing but the folder name in common with the code cited in the complaint. Not a single line of code, function signature or path is the same, because it was written, from scratch, by another developer at another time.

A previous DMCA takedown request against this same repository https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md

https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md

was resolved, supposedly to the satisfaction of all parties involved, per this retraction from the accuser
https://github.com/github/dmca/blob/master/2015-09-24-wahoo-retraction.md:

I have talked to @bpinto and his other collaborators and decided to reconcile and conclude our litigation amicably on the following conditions:
- Add an AUTHORS file with proper copyright attribution.
- @bpinto and @bobthecow go on as admins.
- @scorphus, @derekstavis and @bucaran are now collaborators.
- We swear not to fight over copyright issues again ;)
You may have the DMCA revoked at your earliest convenience.

The allegedly infringing code is not in violation of the DMCA or any other copyright law. It consists of voluntarily contributed — and MIT licensed — code. The license, copyright notice, attribution and revision history are maintained, in accordance with the terms of the license.

In addition to the above, I have a good-faith belief that the removal of the following repositories was not a mistake or misidentification:

I have a good-faith belief that these repositories were removed as an escalation of a deliberate campaign of harassment and abuse, including multiple false DMCA claims. These are forks of MIT licensed open source repositories. The license, copyright notice, attribution and revision history are maintained, in accordance with the terms of the license.

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.

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4.4 KiB

Исходник Ответственный История