From 85c03a289fe56c67636ed6409011bc76964272a4 Mon Sep 17 00:00:00 2001 From: Hubot Date: Wed, 1 Jul 2015 16:13:06 +0000 Subject: [PATCH] Process DMCA request --- 2015-06-22-nprobe-counternotice.md | 79 ++++++++++++++++++++++++++++++ 1 file changed, 79 insertions(+) create mode 100644 2015-06-22-nprobe-counternotice.md diff --git a/2015-06-22-nprobe-counternotice.md b/2015-06-22-nprobe-counternotice.md new file mode 100644 index 00000000..2076e644 --- /dev/null +++ b/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]