Process DMCA request

2015-06-22-nprobe-counternotice.md

@@ -0,0 +1,79 @@
+Dear Sir / Madam,
+
+I'm writing regarding a DMCA takedown of my repository
+https://github.com/kvitaly2005/lprobe reasons published here
+https://github.com/github/dmca/blob/master/2015-06-04-nProbe.md
+
+I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
+
+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.
+
+In short: This code I published in the lProbe repository is a legally
+obtained source code of the nProbe 6 software which was distributed by the
+author, Luca Deri under the GPLv2 license and therefore, I now have well
+known rights (GPL 1,2) granted to distribute the source code of application
+under the same license while preserving the copyright, that I did. There is
+no GPL violations at my part, so my freedom to distribute and modify the
+software are in place.
+
+However, author is intentionally misinterpreting and hiding this fact in
+his communications because of commercial profit he want to get from the new
+version nProbe 7 that he is now selling at his site.
+
+I'm aware of another similar fraudulent take down author filed to github in
+2014 - https://github.com/github/dmca/blob/master/2014-12-23-nProbe.md
+
+I have the following evidences that at the time of purchase nprobe 6 (April
+7, 2014) software was provided to me under GPLv2 license granting the users
+with all stated rights and freedoms
+
+1) I legaly bought this software and have transaction ID, paypal receipt
+and confirming email. (Order (id 1396860027) completed [Amount 99.95
+EUR][Transaction Id: 6SG00224BG595015G] mail with all headers see ev_1.txt)
+
+2) Author, Luca Deri is clearly stated on his own site that license of
+nprobe is GPLv2 in the time of purchase, see independent source here:
+http://web.archive.org/web/20140418232353/http://www.ntop.org/products/nprobe/
+in FAQ section:
+"Q: Is the nProbe™ source code available?"
+"A: Yes of course, it’s GPL."
+
+3) Binary file installation I get contains text of license and requre that
+I agree to it. While it is not technically correct, but it also a clear
+sign that author consciously choose GPL license for the software.
+
+[image: Inline image 1]
+[image: Inline image 2]
+
+The win32 executable I got after purchase you can run and see yourself:
+https://drive.google.com/file/d/0B7otJX4PM2NlbjRPMkFGdW1TZ3c/view?usp=sharing
+
+4) My request to the source code based on GPL freedoms was fulfilled and no
+other conditions was set in the conversation.
+(see ev4.txt)
+
+Again, according to the copyleft license author does not have rights to
+forbid me to distribute a legaly obtained GPL code fork under non
+trademarked name while I did not remove any copyright and keep the license
+and so is complaint to the GPL.
+
+Therefore, while Luca Deri, as an author can set any license on
+distribution of nProbe 7and future versions, as the use of GPLed code is a
+matter of possible investigation in future, he can not revoke my freedom
+given by the GPL license of the nProbe 6 while the distribution of it is
+fully complaint to the GNU Public License.
+
+Based on all above I ask to re enable the content to restore my rights on
+the software "nprobe 6" given me by the author under GPLv2 license, which
+is confirmed by all the mentioned evidences.
+
+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]