Dear GitHub staff,  

I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.  

This is a formal response to a claim of copyright infringement against
my GitHub repository at <https://github.com/bui/taiko-web>. I believe
the claims of copyright infringement are inaccurate and should be
rejected because:  

- The complainant has provided no copyright registration information or
other tangible evidence that the repository in question is in fact
copyrighted by their client, and I have a good faith belief that it is
not. The allegation of copyright violation is therefore in dispute, and
at present unsupported.

- The complaint does not follow the prescribed form for notification of
an alleged copyright violation as set forth in the Digital Millennium
Copyright Act, 17 USC 512(c)(3). Specifically, the complainant has
failed to:

-- Identify the specific copyrighted work claimed to be infringed, or, 
if multiple copyrighted works are covered by a single complaint, provide
a representative list of such works. [17 USC 512(c)(3)(A)(ii)]
-- Provide the URLs/filenames for the specific files in my repository 
that are alleged to be infringing. [17 USC 512(c)(3)(A)(iii)]

- The complainant is concerned about the allegedly unauthorized use of
sounds and images from their client's game in my repository. Should the
complainant be able to properly identify the allegedly infringing files
as required by the DMCA, I would be more than happy to remove them from
the repository once it is reinstated.

- The complainant admits that I have "recreated" their client's game.
Because it is a recreation, it's not possible for my original game code
to be copyrighted by the complainant's client. In addition, the
complainant claims that my project uses the "Taiko no Tatsujin" name,
however this name is never referenced except in the project README. The
project is called "Taiko Web" which does not infringe on any of the
complainant's rights.

This communication to you is a DMCA counter notification letter as
defined in 17 USC 512(g)(3):

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 ask that GitHub, upon receipt of this counter-notification, restore
the material in dispute, unless the complainant files suit against me
within ten (10) days, pursuant to 17 USC 512(g)(2)(B).

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.

Best regards,

[private]  
[private]  
Tel: [private]  
E-mail: [private]  

