зеркало из https://github.com/github/dmca.git
94 строки
4.4 KiB
Markdown
94 строки
4.4 KiB
Markdown
*I have read and understand GitHub’s Guide to Filing a DMCA Counter Notice.*
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Because it is required of GitHub’s counter notice process, I state the
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following:
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*I swear, under penalty of perjury, that I have a good-faith belief that
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the material was removed or disabled **as a result of a mistake or
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misidentification** of the material to be removed or disabled.*
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The allegedly infringing code in the `oh-my-fish` core library is MIT
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licensed open source code, voluntarily contributed — in part by the accuser
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— and used in accordance with that license:
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- https://github.com/oh-my-fish/oh-my-fish/tree/master/lib
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While he now regrets opening the pull request wherein this code was
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contributed — and we regret accepting this pull request — it was MIT
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licensed, both before and after the pull request. It is properly attributed
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in revision history, and in the AUTHORS and LICENSE files, and is used in
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accordance with the terms of that license.
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In fact, much of this code was originally copied into Wahoo, *from Oh My
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Fish*. The majority of the `git` package, which he claims infringes on
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Wahoo’s copyright, was copied from *a personal project of mine*, found in
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https://github.com/oh-my-fish/theme-bobthefish.
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The `fish-spec` package listed in the complaint was removed as a result of
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misidentification:
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- https://github.com/oh-my-fish/oh-my-fish/tree/master/pkg/fish-spec
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It, in fact, shares *nothing but the folder name* in common with the code
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cited in the complaint. Not a single line of code, function signature or
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path is the same, because it was written, from scratch, by another
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developer at another time.
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A previous DMCA takedown request *against this same repository*
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<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
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<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
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<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
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<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
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<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
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<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
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<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
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was resolved, supposedly to the satisfaction of all parties involved, per
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this retraction from the accuser
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<https://github.com/github/dmca/blob/master/2015-09-24-wahoo-retraction.md>:
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- I have talked to @bpinto and his other collaborators and decided to
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reconcile and conclude our litigation amicably on the following conditions:
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-
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- * The license read Copyright (c) 2015 Oh My Fish!
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- * Add an AUTHORS file with proper copyright attribution.
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- * @bpinto and @bobthecow go on as admins.
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- * @scorphus, @derekstavis and @bucaran are now collaborators.
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- * We swear not to fight over copyright issues again ;)
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-
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- You may have the DMCA revoked at your earliest convenience.
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The allegedly infringing code *is not* in violation of the DMCA or any
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other copyright law. It consists of voluntarily contributed — and MIT
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licensed — code. The license, copyright notice, attribution and revision
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history are maintained, in accordance with the terms of the license.
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In addition to the above, I have a good-faith belief that the removal of
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the following repositories *was not* a mistake or misidentification:
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- https://github.com/oh-my-fish/plugin-tiny
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- https://github.com/oh-my-fish/plugin-getopts
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- https://github.com/oh-my-fish/plugin-shark
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- https://github.com/oh-my-fish/plugin-pbcopy
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- https://github.com/oh-my-fish/plugin-theme
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I have a good-faith belief that these repositories were removed as an
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escalation of a deliberate campaign of harassment and abuse, including
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multiple false DMCA claims. These are forks of MIT licensed open source
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repositories. The license, copyright notice, attribution and revision
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history are maintained, in accordance with the terms of the license.
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*I consent to the jurisdiction of Federal District Court for the judicial
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district in which my address is located (if in the United States, otherwise
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the Northern District of California where GitHub is located), and I will
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accept service of process from the person who provided the DMCA
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notification or an agent of such person.*
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[private]
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