Process DMCA request

2016-02-18-Wahoo-counternotice.md

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+*I have read and understand GitHub’s Guide to Filing a DMCA Counter Notice.*
+
+Because it is required of GitHub’s counter notice process, I state the
+following:
+
+*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.*
+
+The allegedly infringing code in the `oh-my-fish` core library is MIT
+licensed open source code, voluntarily contributed — in part by the accuser
+— and used in accordance with that license:
+
+- https://github.com/oh-my-fish/oh-my-fish/tree/master/lib
+
+While he now regrets opening the pull request wherein this code was
+contributed — and we regret accepting this pull request — it was MIT
+licensed, both before and after the pull request. It is properly attributed
+in revision history, and in the AUTHORS and LICENSE files, and is used in
+accordance with the terms of that license.
+
+In fact, much of this code was originally copied into Wahoo, *from Oh My
+Fish*. The majority of the `git` package, which he claims infringes on
+Wahoo’s copyright, was copied from *a personal project of mine*, found in
+https://github.com/oh-my-fish/theme-bobthefish.
+
+The `fish-spec` package listed in the complaint was removed as a result of
+misidentification:
+
+- https://github.com/oh-my-fish/oh-my-fish/tree/master/pkg/fish-spec
+
+It, in fact, shares *nothing but the folder name* in common with the code
+cited in the complaint. Not a single line of code, function signature or
+path is the same, because it was written, from scratch, by another
+developer at another time.
+
+A previous DMCA takedown request *against this same repository* 
+<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>  
+ 
+<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>  
+  
+<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>
+
+<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>    
+ 
+<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>  
+ 
+<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>  
+ 
+<https://github.com/github/dmca/blob/7a7535efb1d4ecf5e35d4b92f8912f0531427de6/2015-09-22-wahoo.md>  
+
+was resolved, supposedly to the satisfaction of all parties involved, per
+this retraction from the accuser  
+<https://github.com/github/dmca/blob/master/2015-09-24-wahoo-retraction.md>:  
+
+- I have talked to @bpinto and his other collaborators and decided to
+reconcile and conclude our litigation amicably on the following conditions:
+-
+- * The license read Copyright (c) 2015 Oh My Fish!
+- * Add an AUTHORS file with proper copyright attribution.
+- * @bpinto and @bobthecow go on as admins.
+- * @scorphus, @derekstavis and @bucaran are now collaborators.
+- * We swear not to fight over copyright issues again ;)
+-
+- You may have the DMCA revoked at your earliest convenience.
+
+The allegedly infringing code *is not* in violation of the DMCA or any
+other copyright law. It consists of voluntarily contributed — and MIT
+licensed — code. The license, copyright notice, attribution and revision
+history are maintained, in accordance with the terms of the license.
+
+In addition to the above, I have a good-faith belief that the removal of
+the following repositories *was not* a mistake or misidentification:
+
+- https://github.com/oh-my-fish/plugin-tiny  
+- https://github.com/oh-my-fish/plugin-getopts  
+- https://github.com/oh-my-fish/plugin-shark  
+- https://github.com/oh-my-fish/plugin-pbcopy  
+- https://github.com/oh-my-fish/plugin-theme  
+
+I have a good-faith belief that these repositories were removed as an
+escalation of a deliberate campaign of harassment and abuse, including
+multiple false DMCA claims. These are forks of MIT licensed open source
+repositories. The license, copyright notice, attribution and revision
+history are maintained, in accordance with the terms of the license.
+
+*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.*
+
+[private]