2.6 KiB
The repository mentioned on the DMCA takedown request contains the code I developed while studying at Technical University of Madrid (hereinafter referred to as UPM).
What files were taken down?
https://github.com/jrevillas/datsi-filtrar
https://github.com/jrevillas/datsi-servidor
I had no chance of deleting any file as the requestor incorrectly flagged the repositories.
This code tries to solve a practical assignment (version 2016a). The professor that has placed the DMCA takedown request knows this version does not include the mentioned license, since this was added several versions after (2017b).
As a consequence, the repositories affected by this DMCA takedown request are not under the mentioned license.
The published code is my personal solution to the problem proposed by the subject, so this solution belongs just to me, as said in the correspondent local law that recognises the student the right to have the ownership of their work while studying in a Spanish university.
https://www.boe.es/buscar/doc.php?id=BOE-A-2010-20147
There is no applicable "code of conduct" or "honor code" that prohibits students to make public their personal solutions. In fact, it is a common practice at UPM, where we must host our code publicly on GitHub in certain subjects.
The other argument the professor uses is about plagiarism, which is not a common practice between students since it can end in a permanent expulsion. My advice to this professor is to follow the processes the UPM has to address this kind of problems instead of placing a DMCA takedown request about a non-existent license.
For all the reasons previously stated, I choose to dispute this notice, even if I'm willing to remove some files, making sure any code provided by the professor is erased from the repository.
My code was developed from scratch, as reflected by the version control, without using any kind of skeleton provided by the professor. The code or instructions provided by the professor were added for context at some point and of course will be removed from GitHub as soon as possible.
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.
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