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2019-12-03-msft-counternotice.md

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Are you the owner of the content that has been disabled, or authorized to act on the owner’s behalf?

Yes, I am the content owner.

Please describe the nature of your content ownership or authorization to act on the owner's behalf.

My Repository was taken down as a request of Microsoft.

Takedown notice:
https://github.com/github/dmca/blob/master/2019/11/2019-11-25-msft.md

The repository: "CHEF-KOCH/KMS-activator" does not violate Microsoft copyright on the following product:
Windows 7 TX 7-009-361
Windows 8 -TX 7-601-008
Windows 8.1 -TX 7-740-695
Windows 10 -TX 8-058-526
Windows Server 2008 TX 6-880-740
Windows Server 2012 TX 7-622-123
Windows Server 2016 TX 8-204-163
Windows Server 2019 TX 8-659-104
Microsoft Office 2010 -TX 7-219-968
Microsoft Office 2013 TX 7-649-882
Microsoft Office 2016 TX 8-097-602
Microsoft Office 2019 TX 8-748-909

Because Key Management Service (KMS) is a genuine activation method provided by Microsoft for volume licensing customers (organizations, schools or governments). The machines in those environments (called KMS clients) activate via the environment KMS host server (authorized Microsoft's licensing key), not via Microsoft activation servers.

See here for more information:
https://www.microsoft.com/Licensing/servicecenter/Help/FAQDetails.aspx?id=201#215
https://technet.microsoft.com/en-us/library/ee939272(v=ws.10).aspx#kms-overview

The KMS emulators are mimic the KMS server/client communications, and provide a clean activation for the supported KMS clients, without altering or hacking any system files integrity, this procedure is not against MS own copyright, it's a gray-zone at worst because the procedure is done locally which do not interfering into the original product activation mechanism.

The scripts and tools only accessing 3 parts of the system (if the emulator is used):

  • "C:\Windows\System32\SppExtComObjHook.dll"
  • "HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\Windows NT\CurrentVersion\Image File Execution Options"
  • ... and osppsvc.exe keys to "HKEY_LOCAL_MACHINE\SOFTWARE\Microsoft\OfficeSoftwareProtectionPlatform"

My repository does not provide any links to VLC (volume-capable) products. The user has to convert a retail product first into a volume product, and this is not part of the repository.

What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.

The entire Repository was taken down:
https://github.com/CHEF-KOCH/KMS-activator

Do you want to make changes to your repository or do you want to dispute the notice?

Dispute the notice.

Is there anything else you think we should know about why you believe the material was removed as a result of a mistake?

  • This repository does not support nor links to VLC based Microsoft Office/Windows products. All includes links are the official ones provided by MS.
  • The included keys are generic ones, these keys are been public posted by Microsoft. See here: https://docs.microsoft.com/en-us/windows-server/get-started/kmsclientkeys
  • The source code for all files are provided, Microsoft did not explicitly mention which files are violating their copyright. It's more than vague to say "this repository contains material which violates our copyright" without linking to specific files or point to the source code directly.
  • My repository does not "illegal activate" Windows/Office, the emulation process is a hole which Microsoft can patch at any time, and they still leave it open. There are millions of other websites with illegal malware activators, why does MS do not take them down?
  • Microsoft writes "These are no open ports to access these products." I agree here, and there are no direct links nor converters utilities given nor mention in my repository. The repository is useless without volume license converts Microsoft Windows or MS office products, and that#s why it's for research reasons only.
  • The "activation" needs an KMS server, which is not provided in this repository, the activation will fail if no KMS server is been set up.

I added a FAQ for Microsoft, so they can see how the project really works, the URL is available over here:
https://yzyveojj6tqzqwe5muzglg-on.drv.tw/KVA/ReadMe36.html

You will notice nothing bypasses the copyright.

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 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.

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Please type your full legal name below to sign this request.

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