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2016-01-27-apt-cyg-counternotice.md

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Hi,

As the forwarded email below shows, I received a takedown notice today for the content at

http://github.com/transcode-open/apt-cyg/blob/master/apt-cyg

The takedown is not credible, and this email is a counter-notice to ensure that my copyrighted content remains publically available in the form I published it.

I swear, under penalty of perjury, that I have a good-faith belief that any material removed or disabled as a result of this takedown notice would be the result of a mistake or misidentification or misattribution of copyright.

I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located, and I will accept service of process from the person who provided the DMCA notification or an agent.

I have read and understand GitHub's guide to filing a DMCA counter-notice.

I am certain that I own the content that is being contested for these reasons among others:

1 - Line 6 of the linked file identifies my company, Trans-code Design, as the copyright holder. I am the sole proprietor of Trans-code Design.

2 - The document at https://code.google.com/archive/p/apt-cyg/ contains the original version of this project, which was later migrated to GitHub. Inspecting the source available there shows that it is an early version of the same project and that I am the copyright holder.

3 - The only substantial part of this project is the single file ( http://github.com/transcode-open/apt-cyg/blob/master/apt-cyg) that the complainant identified, and comparing this file with prior versions on both GitHub and Google Code shows that I am the original author of 100% of the code, and that various maintainers have made minor changes since that time. The claim made by the complainant that they own 94% of the code in this file is not credible.

There is no justification for a takedown notice, nor am I a "hostile user." The complainant was removed as a collaborator to protect the project after they threatened to delete files.

I appreciate your taking the time to look at this issue carefully.

Regards,

[Private]