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41 changes: 41 additions & 0 deletions 2026/09/2026-09-29-aware7-counternotice.md
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To Whom It May Concern,

we act for [private] in relation to the repository and materials identified below. Our client has read and understands GitHub's Guide to Filing a DMCA Counter Notice.

The material that was disabled is identified as follows:

https://github.com/sharkeonix/nmap-unleashed

The contact information of the party submitting this Counter Notice is as follows:

Name: [private]
Address: [private]
Telephone: [private]
Email: [private]

We hereby state on behalf of our client, under penalty of perjury, that we have a good-faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

In particular, the copyright claim underlying the takedown notice is disputed. The claimant alleges that the software was developed by our client within the course of an employment relationship and that any copyright therefore belongs to the claimant.

That allegation is incorrect.

The software was conceived, designed, and developed independently by our client in a personal capacity and outside the scope of any employment relationship with the claimant. The software was not created as a work made for hire, was not developed pursuant to any contractual obligation owed to the claimant, and does not incorporate or derive from any source code, proprietary materials, or other copyright-protected works belonging to the claimant.

Accordingly, our client is the lawful copyright owner of the material that is the subject of the takedown notice, and the removal of the repository and associated materials was the result of mistake or misidentification.

Our client consents to the jurisdiction of the Federal District Court for the judicial district in which his or her address is located, or, if the address is outside the United States, the United States District Court for the Northern District of California, and will accept service of process from the person who submitted the DMCA notification or that person's agent.

All rights are expressly reserved, and nothing in this Counter Notice shall be construed as a waiver of any claims or defenses available to our client.

Mit freundlichen Grüßen

[private]

Rechtsanwalt

Fachanwalt für IT-Recht

Externer Datenschutzbeauftragter (TÜV)

Tel.: [private]
Mail: [private]
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