dmca/2016/2016-12-28-CellPE-CounterNo...

6.9 KiB

Are you the owner of the content that has been disabled, or authorized to act on the owner's behalf?
Yes, I am the owner, I am the owner of this repository, I'm the one who made this repository.

What files were taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:
https://github.com/Vaivez66/CellPE

Do you want to make changes to your repository or do you want to dispute the notice?
I want to have my repository back. It's mine, I have full rights to keep it safe.

Is there anything else you think we should know about why you believe the material was removed as a result of a mistake? (optional)
I'm gonna tell you a story about me and [private]. Here's the story: A few months ago, I was looking for a job. I was looking for many servers and checking if they are looking for developers. I myself am a developer. And then, I found a server named "ExilePE" looking for developers. They also said that it's paid position. I was quite interested, and I decided to contact them and see if that position is still open. Once they said yes, they asked me for a portfolio of my work. Then I sent them my best plugin I had at that time, VotePlotPE. They're quite impressed, and they accepted my application.

Day by day, the situation was still fine. Until they asked me to make a big project, a cell plugin. Then I started to make it. After it almost got finished, I asked them whether they are going to pay me or not (I'm not sure exactly when). He [private] said I would get paid once they have funds to pay me. He also said once I get paid, I must keep that plugin private. Here's the point. He never had any intention to pay me. All he said was just about he got no funds, he will pay me if the server gets released, etc. He even said he will pay me with his pocket and one of their member was visiting some country (I forgot the name) for a concert matter. I was very confused at that time. Every time I asked him about payment, he always avoided it.

Week by week, I haven't got paid. Then something came up in my mind. I was thinking, it's certainly wasn't worth it if I wait him for a few months just to pay me a few bucks. Where is their promise to pay their employees? Where is my advantages by being his developer? What did they/he give to me? I have given them 2 of my best plugins, but they gave me nothing. Is it what you call a contract? Think about it, I have spent my weeks making that plugin for absolutely nothing. What if his server never gets released? What if it's just his alibi to avoid the payments? I was very very confused. I didn't know what to do. Then I decided to ask him whether he will give me permission to release the plugin to public. He said "It's ok, but we will not be using this plugin" or something like that, but I'm 100% sure that he had the same point as statement above. I of course have to make sure it will be ok if I release it.

After I decided to release it, I told him first. And he said "Ok", this is 100% true, no lie. I can draw a sigh of relief after that. I thought our problems had been solved.

After a few weeks, I got a news saying that ExilePE has delayed their release day. At first, it was at 24th December, I believe. They said they are going to release the server on 2017, I'm not exactly sure in what month it is. Of course, I don't work for [private] anymore. I can easily ignore it, as it's none of business anymore. But, I was wrong. Just after several days after that news got heard, [private] sent me a message saying that in his opinion, my plugin is stolen from a plot plugin. Of course I was shocked, someone that never knew my hard work and effort for that plugin can say that. Then we got in a great debate. Firstly, he said that he knew my plugin was copied/stolen just by looking at the code. Strangely, he then said that he knew my plugin was stolen just by looking at some tweets. Therefore, I realised that I'm talking to a maniac, that has words that cannot be trusted. Later on, one of my friend that is still one of ExilePE members, I believe, sent me a picture of ExilePE saying that they have issued a DMCA takedown to my repository. I was about to give up. I don't know what to do. All I can say is just my plugin wasn't stolen from anywhere, and I have full rights of the plugin. This is my plugin. He has no rights of it. We never had any contracts. He owes me nothing, and I owe him nothing. He didn't lose anything even though I released it, as he never paid me. Unless he gave me something, the story may go different. I always think, is it all my fault after all? Did I really do something wrong? He got no proof that he has full rights of the plugin, unless I said "This plugin is yours". This plugin is mine. I will always keep this plugin open source, so that everyone can still use it for their needs. I always wanted to help people. If this repository is ever going to get taken down, I will lose my best plugin so far. But, it's up to you, github. You have full control of all of my repositories. You decide.

I just wanna say, that this story is true. Nothing is added or removed. Although, I can't guarantee that I didn't make any mistake of these sentences. I may have been mistaken. I'm a human too. I'm not a native English speaker. My grammar is far from perfect. I hope you can still understand and take my point. Thank you very much for your attention.

Type (or copy and paste) the following statement: "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 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.

Type (or copy and paste) the following statement: "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."
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: https://help.github.com/articles/guide-to-submitting-a-dmca-counter-notice/
I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.

So that the complaining party can get back to you, please provide both your telephone number and physical address:
Phone number: [private]
Address: [private]

Please type your full legal name below to sign this request:
[private]