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I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
I am writing this letter in response to the claim of copyright infringement against files located in the following URLs in our Github repository:
https://github.com/plenprojectcompany/plen-3DModel_SolidWorks
https://github.com/plenprojectcompany/PLEN2/tree/master/stl
https://github.com/plenprojectcompany/plen-ControlBoard
https://github.com/plenprojectcompany/plen-HeadBoard
https://github.com/plenprojectcompany/plen-RS485Board
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. More specifically:
1. The filer claims that the materials above are his "original copyrighted work". This is imappropriate because he created them during the course of employment of PLEN Project Company Inc., the owner of this repository, and it is a typical case of work made for hire (WFH), in the legal context of both US (where GitHub is) and Japan (Where the company and the filer are). Hence, it is the employer (PLEN Project Company Inc.), not the filer, who possesses the copyright ownership. And we do not need his permission to share the aforementioned files in our own repository.
The commit history in those directories may be further served as corroborative evidence for this fait accompli. All commits made by the filer are before his resignation from the company (2016, April), in other words, during the course of his employment.
2. As is acknowledged by the filer, the work above is licensed under Creative Commons BY 4.0 with explicit attribution of his contribution as a creator, along with other creators and the company. Therefore he may not "revoke" the license we legally owned as it would be considered as a brazen violation of Creative Commons BY 4.0 terms.
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.
Below is the requested contact information:
Email: [private]
Name: [private]
Telephone number: [private]
Address: [private]
[private]
[private]
Signature:
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[private]
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