diff --git a/2019/01/2019-01-29-Taiko-CounterNotice.md b/2019/01/2019-01-29-Taiko-CounterNotice.md new file mode 100644 index 00000000..a8724768 --- /dev/null +++ b/2019/01/2019-01-29-Taiko-CounterNotice.md @@ -0,0 +1,64 @@ +Dear GitHub staff, + +I have read and understand GitHub's Guide to Filing a DMCA Counter Notice. + +This is a formal response to a claim of copyright infringement against +my GitHub repository at . I believe +the claims of copyright infringement are inaccurate and should be +rejected because: + +- The complainant has provided no copyright registration information or +other tangible evidence that the repository in question is in fact +copyrighted by their client, and I have a good faith belief that it is +not. The allegation of copyright violation is therefore in dispute, and +at present unsupported. + +- The complaint does not follow the prescribed form for notification of +an alleged copyright violation as set forth in the Digital Millennium +Copyright Act, 17 USC 512(c)(3). Specifically, the complainant has +failed to: + +-- Identify the specific copyrighted work claimed to be infringed, or, +if multiple copyrighted works are covered by a single complaint, provide +a representative list of such works. [17 USC 512(c)(3)(A)(ii)] +-- Provide the URLs/filenames for the specific files in my repository +that are alleged to be infringing. [17 USC 512(c)(3)(A)(iii)] + +- The complainant is concerned about the allegedly unauthorized use of +sounds and images from their client's game in my repository. Should the +complainant be able to properly identify the allegedly infringing files +as required by the DMCA, I would be more than happy to remove them from +the repository once it is reinstated. + +- The complainant admits that I have "recreated" their client's game. +Because it is a recreation, it's not possible for my original game code +to be copyrighted by the complainant's client. In addition, the +complainant claims that my project uses the "Taiko no Tatsujin" name, +however this name is never referenced except in the project README. The +project is called "Taiko Web" which does not infringe on any of the +complainant's rights. + +This communication to you is a DMCA counter notification letter as +defined in 17 USC 512(g)(3): + +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. + +I ask that GitHub, upon receipt of this counter-notification, restore +the material in dispute, unless the complainant files suit against me +within ten (10) days, pursuant to 17 USC 512(g)(2)(B). + +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] +[private] +Tel: [private] +E-mail: [private] +