Create 2013-02-11-Railcraft-counternotice.markdown
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2013-02-11-Railcraft-counternotice.markdown
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To Github DMCA compliance department; Please find below a
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list of material removed by you pursuant to 17 U.S.C. Section 512.
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github.com/pluspluspack/PlusPlusPack
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I have a good faith belief that this material was removed or disabled in
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error as a result of mistake or misidentification of the material. The
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complainant has provided no copyright registration information or other
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tangible evidence that the material in question is in fact copyrighted, and
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I have a good faith belief that it is not. The allegation of copyright
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violation is therefore in dispute, and at present unsupported. Our use of
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the material is legally protected because it falls within the "fair use"
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provision of the copyright regulations, as defined in 17 USC 107.
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If the complainant disagrees that this is fair use, they are free to take
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up the matter with us directly, in the courts. You, the ISP, are under no
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obligation to settle this dispute, or to take any action to restrict our
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speech at the behest of this complainant. Furthermore, siding with the
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complainant in a manner that interferes with my lawful use of your
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facilities and could constitute breach of contract on your part. I declare
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that this is true and accurate under penalty of perjury under the laws of
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the United States of America.
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For the purposes of this matter, I consent to the jurisdiction of the
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Federal District Court for the judicial district in which the service
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provider may be found. I also consent to service by the person providing
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notification under Section 512(c)(1)(C) or that person’s agent. However, by
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this letter, I do not waive any other rights, including the ability to
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pursue an action for the removal or disabling of access to this material,
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if wrongful. Having complied with the requirements of Section 512(g)(3), I
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remind you that you must now replace the blocked or removed material and
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cease disabling access to it within fourteen business days of your receipt
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of this notice. Please notify me when this has been done. I appreciate your
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prompt attention to this matter. If you have any questions about this
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notice, please do not hesitate to contact me.
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The following shall serve as electronic signature.
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[private]
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[private]
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