diff --git a/2014-02-10-Perseus-Books-counternotice.md b/2014-02-10-Perseus-Books-counternotice.md new file mode 100644 index 00000000..5425a44c --- /dev/null +++ b/2014-02-10-Perseus-Books-counternotice.md @@ -0,0 +1,46 @@ +: +> A physical or electronic signature of the Subscriber; + +[private] + +> Identification of the material that has been removed or to which +> access has been disabled and the location at which the material +> appeared before it was removed or access to it was disabled; + +Before access to it was disabled, the material was available at +[fmap/flp.mobi](https://github.com/fmap/flp.mobi). + +> A statement under penalty of perjury that the Subscriber has 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 state, under penalty of perjury, that I believe the material was +disabled as a result of a mistake or misidentification of the material +to be removed or disabled. + +I interpret the basis of the [take-down][dmca] to be (1) Perseus holding +the copyright of _The Feynman Lectures on Physics_, (2) files in the +repository infringing upon that material. I don't believe either basis +is valid: (1) Caltech hold the copyright, Perseus only have print +publishing rights, the integrity of the notice relies on Perseus having +been authorised to act on behalf of Caltech; (2) none of Caltech's +content is included in the repository, all it contains are a set of +scripts to process material [provided by others][book]. + + [dmca]: https://github.com/github/dmca/blob/master/2014-02-07-Perseus-Books.md + [book]: http://www.feynmanlectures.caltech.edu/ + +> The Subscriber's name, address, and telephone number, and a statement +> that the Subscriber consents to the jurisdiction of Federal District +> Court for the judicial district of California, or if the Subscriber's +> address is outside of the United States, for any judicial district in +> which GitHub may be found, and that the Subscriber will accept service +> of process from the person who provided notification or an agent of +> such person. + +[private] + +I consent to the jurisdiction of Federal District Court for the judicial +district of California, and will accept service of process from the +person who provided notification or an agent of such person. \ No newline at end of file