Are you the owner of the content that has been disabled, or authorized to act on the owner’s behalf?
Yes, this is my own personal repository.
What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL:
https://github.com/rage8885/OpenSC2K
Do you want to make changes to your repository or do you want to dispute the notice?
I wish to dispute the notice.
The repository contains original source code created in JavaScript, CSS and HTML and is not derived from the original game's source code in any way. There are artwork assets in the repository that do belong to the copyright holder, however I wish to dispute the takedown on the grounds that the copyright holder indicates the entire repository is infringing and not just the assets from the original game that were included.
Is there anything else you think we should know about why you believe the material was removed as a result of a mistake? (optional)
I believe the rights holder made an assumption that the repository contained an infringing copy of the entire original game "Sim City 2000". The repository does not contain and source code, binary code or other code derived from the original game. There is artwork in the form of compressed graphics (.DAT files) which will be removed once the repository is reinstated. The description of the project, contents of the readme.md document and the screenshots within the project make it very clear that this is a re-creation of the original game from scratch.
I believe the rights holder should have submitted a takedown request with the specificly infringing files listed in the request. The entire repository of OpenSC2K does not infringe on the rights holder's copyright claim and is an original creation by myself and a handful of contributors that have submitted pull requests.
Additionally, the rights holder makes the following statement:
"The current audio visual output of the repository creates content that infringes on Electronic Arts copyright. As long as that continues to happen, no other changes other than removal is sufficient to address the infringement."
The audio/visual output of the OpenSC2K project aims to recreate the original game output, yes. However, I do not believe this goal infringes upon the rights of the copyright holder. The original assets of the game will be required to be provided by any end user (they will be removed from the repository). This is the same approach taken by the OpenRA project (also hosted on GitHub) which shares the same copyright holder. The code for that project is a "from scratch" re-implementation of the Command and Conquer video game series. While their repository does not host any of the original game artwork or assets, they can be downloaded or supplied on CD from the original games and the resulting audio/visual output of that project re-creates that of the originals.
Type (or copy and paste) the following statement: "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 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.
Type (or copy and paste) the following statement: "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."
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.
Please confirm that you have you have read our Guide to Submitting a DMCA Counter Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-counter-notice/
I have read the guide.
So that the complaining party can get back to you, please provide both your telephone number and physical address:
Email: [private]
Phone: [private]
Address: [private]
Please type your full legal name below to sign this request:
[private]