diff --git a/2016/2016-09-09-facetjs-counternotice.md b/2016/2016-09-09-facetjs-counternotice.md new file mode 100644 index 00000000..89554018 --- /dev/null +++ b/2016/2016-09-09-facetjs-counternotice.md @@ -0,0 +1,60 @@ +This is a counter notification pursuant to 17 U.S.C. 512(g)(3). I have read +and understand GitHub's Guide to Filing a DMCA Counter Notice. + +The content that was disabled is the repository located at the following +link: https://github.com/implydata/plywood. + +My contact information is as follows: + +[private] + +Mobile: [private] + +[private] + +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. + +Specifically, FacetJS (the allegedly infringed work) was released by +Metamarkets under the Apache 2.0 license. Until Metamarkets deleted it, it +was available at https://github.com/facetjs/facetjs/ under that license. + +Plywood (the allegedly infringing work) is also licensed under the Apache +2.0 license, and incorporates material from FacetJS, with appropriate +attribution. + +Metamarkets knew and intended that FacetJS was released under the Apache +2.0 license; that licensing was well-known to Metamarkets executives and +was announced in a public presentation at the Strata + Hadoop World +conference in February 2015. A video of that presentation, including the +announcement of Apache 2.0 licensing, is publicly posted at +https://youtu.be/bZ3LqG3iHbM?t=32m36s. + +While Metamarkets now appears to regret releasing FacetJS under the Apache +2.0 license, that license is, by its terms, irrevocable. And Metamarkets +has received consideration for its open-source licensing of FacetJS: for +example, Metamarkets has received and accepted third-party improvements to +FacetJS, which is the essential quid-pro-quo of open-source software +licensing. + +In fact, Metamarkets itself uses Plywood -- itself an improvement to +FacetJS -- and has participated in the development of Plywood. For example, +the following pull requests in the Plywood repository were submitted by +Metamarkets: + +https://github.com/implydata/plywood/pull/6 + +https://github.com/implydata/plywood/pull/9 + +https://github.com/implydata/plywood/pull/11 + +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. + +My electronic signature is below. + +/s/ [private]