Process DMCA request
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2016-08-18-PokeMobBot-counternotice.md
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2016-08-18-PokeMobBot-counternotice.md
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MobBotTeam
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[private]
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Dear Github,
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I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
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and am including this statement as proof and as required.
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This letter is a formal response to a claim of copyright infringement
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against our Github repo that may be found at the following address :
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https://github.com/MobBotTeam/PokeMobBot
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I swear under penalty of perjury, that i have a good-faith belief that the
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material was removed or disabled as a result of a mistake or
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misidentification of the material to be removed or disabled.
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Our project is licensed under AGPLv3, and projects from which we have taken
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code are licensed under GPLv3. We have fully complied with all licensing
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requirements from said projects.
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I have good reason to believe that the Initial DMCA Notice was erroneously
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filed as a result of internal issues within the previous projects.
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PokeMobBot and NecroBot first were only NecroBot, until the developement
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team split into both projects as a result of the expulsion of Necronomicon.
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Necronomicon then moved on to create "NecroBot", which actually took code
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from PokeMobBot to include it in NecroBot. An example would be as follows :
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https://github.com/PocketMobsters/PokeMobBot/pull/378/files
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The above link is a pull request from an original piece of code from
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PokeMobBot.
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https://github.com/NECROBOTIO/NecroBot/commit/b968fa24fb920deeed3e77dc535761dad832e602
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The above link is the same code taken by NecroBot, without attribution,
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nine hours after our initial pull request.
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Another example of such would be their Readme file. They demonstrate being
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licensed as AGPLv3, yet their license file is GPLv3.
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This is due to them ripping off our very own Readme without verification.
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Hence, their GPLv3 license is void.
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Multiple instances of such have happened. Most code of NecroBot and
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PokeMobBot are extremely similar or the same due to cases such as above or
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the initial split otherwise.
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Hence, i re-state that i have good reason to believe that the initial DMCA
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Notice is false, and was only filed in order to sabotage our project.
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I consent to the jurisdiction of Federal District Court for the judicial
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district in which my address is located (if in the United States, otherwise
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the Northen District of California where GitHub is located), and i will
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accept service of process from the person who provided the DMCA
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notification or agent of such person.
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[private]
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