dmca/2017/2017-03-22-Huzuni-Counter-n...

6.7 KiB

Are you the owner of the content that has been disabled, or authorized to act on the owner's behalf?

Yes.

What files were taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:

https://github.com/MatthewSH/minecraft-Huzuni

Do you want to make changes to your repository or do you want to dispute the notice?

Dispute

Is there anything else you think we should know about why you believe the material was removed as a result of a mistake? (optional)

The person [Private] did not have grounds to file a DMCA. [Private] (the original developer) owned and wrote a majority of the code, [Private] is also a member of the forums HackForums where the original client was released. When asked if he would update the client to the most recent version of Minecraft by a user on the forums, he said he would not. Here are screenshots of him posting source code link (to BitBucket) and saying he no longer has an interest in the development of the mod. [Private]

After discussing with [Private] and [Private] a few weeks ago, [Private] stated the only problem he had with me updating and publishing the client is the way I worded the donation as it can be misconstrued as asking donations for the code he wrote, which it was not. It was requesting donations for a CapesAPI (a service I run) cape and my contributions to the project. I updated that in the following commit on my repository: effef7bafc

As for licensing, the code was released on BitBucket, which requires (based on their terms of service) a license and contributions guideline in every repository, which they do not have. As for their repository on GitHub, I did not violate that license, I never duplicated their repository. Their repository was created/committed to 2 days after I published mine. They licensed completely different code, I used separate code from another site in which I was allowed to do based on [Private]'s HackForums post. Their entire repository is based on a completely different code-base (they are working with another third party library called Forge).

Also, I feel like it's necessary to state that I work with WiZARDHAX which is the leading publisher for Minecraft hacked clients. We made Huzuni what it is, and we took a hit when they stopped updating months ago. They gave no notice that they were working on anything new or different (or even an update), they said they were done. We waited for months for the update in case they decided to come back. Our users were wanting an update. We noticed it was open sourced, we saw [Private]'s post. So we updated it for our users. We didn't remove any credits, and I still state the client is originally by [Private] only maintained by me. I leave all credits and even open sourced the repository out of respect for [Private]'s decision to open source his own code and respect for the time he put in even after being told I should refactor the package names in one of my issues (https://github.com/MatthewSH/minecraft-Huzuni/issues/6).

As for the issue I "removed," I removed it because more people were coming in spamming the issues (I have to lock issues now because of it); and they had no ground to post it as I feel I'm within all my rights to maintain code that was open sourced for people to update it.

As for the "refusal to communicate," it was direct messaging on Twitter, and I was at work or busy most of the time. Right as I stopped messaging back (which I don't have to message anyone), he threatened me with DMCA and saying stuff such as (this is an exact quote), "Ignoring these messages huhhhh look at u tough boi". I felt like I, in a way, was being harassed and blocked him as I had a job to work and did not have time to deal with it. He then came into my Discord server attempting to call me out and start drama, and I banned him as I did not want that toxic attitude in my Discord server. I was not against resolving the issue, I was against the way he was going about it. He also tried to bring the situation up again after the resolution and I told him to stop. He didn't. So I banned him, which has angered him enough to file this DMCA again.

It wasn't till we had a mediator ([Private] aka WiZARD) that he calmed down. While discussing in our voice chat (a roughly 2-hour conversation on Sunday, February 12 at approximately 6pm EST), [Private] and [Private] had conflicting issues and ideas. Hal did not mind I was updating it, he just had a problem with how I worded the donations (which like I stated before, I updated). He was happy people were liking his creation and taking interest in it.

He filed this DMCA request without even giving us proper time to resolve the issue (which is still being done privately). Also, I feel like I should state that [Private]'s code was in the package [Private], while [Private]'s was in the package [Private]. He expressed (throughout this issue) that he had a problem with me posting his code, so I removed it and replaced with my own rewrite of his class out of respect for him.

[Private] and I even had further communication about the code and he even offered to help me update it.

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 that article.

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

[Private]
[Private]

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

[Private]