I (Gerald Bauer) filed / submitted an (online) counter notice today (Fri, Feb 24th, 2023) via the GitHub Counter Notice form (service). For the record the filing reads:
Q: Please describe the nature of your content ownership or authorization to act on the owner's behalf.
I (Gerald Bauer) am the founder / maintainer / "owner" of the cryptopunksnotdead (Punk's Not Dead) github org and I am a 50-year old open source code & data programmer from Austria (near Vienna). I committed (via git) all content to the punk's not dead repos (as recorded on github / git in the history / log).
Q: What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
Ten (10) repositories from the cryptopunksnotdead org have been taken down, that is,
- https://github.com/cryptopunksnotdead/punks.design
- https://github.com/cryptopunksnotdead/punks.blocks
- https://github.com/cryptopunksnotdead/punks.spritesheet
- https://github.com/cryptopunksnotdead/cryptopunks
- https://github.com/cryptopunksnotdead/awesome-cryptopunks-bubble
- https://github.com/cryptopunksnotdead/awesome-24px
- https://github.com/cryptopunksnotdead/programming-cryptopunks
- https://github.com/cryptopunksnotdead/lets-go-programming-cryptopunks
- https://github.com/cryptopunksnotdead/punks.black
- https://github.com/cryptopunksnotdead/punks.attributes
see https://github.com/github/dmca/blob/master/2023/02/2023-02-14-morepunks.md for the take down file for the complete list (incl. forks).
Q: Do you want to make changes to your repository or do you want to dispute the notice?
Dispute the notice.
Q: Is there anything else you think we should know about why you believe the material was removed as a result of a mistake?
First there's no copy - the images are all original, that is, they are all new computer-generated (pixel art) images in the tiny 24 by 24 pixel (24x24px) format by myself (that is, nothing has been copied from opensea.io/collection/morepunks - for example, an official more punks "original" punk image is 1200x1200px with gray-ish background).
One way to see if there's a duplicate (of the images referenced via "1000 More Punks" crypto (non-fungible) tokens) is to generate a hash digest / fingerprint (md5, sha256) from the "official" images files and than proof that there are no duplicates / no matching digests / fingerprints.
Most repos in the take down request / file are awesome readmes, that is, history notes / documentation with images (falling under fair use¹) or programming step-by-step tutorials / guides for learning & education (falling under fair use¹).
¹: even if the asserted / false claim of copyright would be taken into consideration.
A note about the 24 by 24 pixel (24x24px) size. If you take a low-resolution of 300 dpi (dot - that is, pixel - per inch) you get a square size of for 24x24px of 0.8 inch by 0.8 inch (or 0.2cm x 0.2cm).
For a high-resolution of 600 dpi you get a square size of 0.4 inch by 0.4 inch (or 0.1cm x 0.1cm).
Claiming the copyright to such tiny computer-genrated images might actually be a fraud (if you consider that 1000 More Punks is selling token claiming "ownership" to the images or such).
To add to the absurdity the "1000 More Punks" take down filer hasn't invented the 24x24px pixel head style and most images such as pixel zombies or pixel alien or pixel humans (male / female) are copies of other (pixel art) collections and if the claim holds for "1000 More Punks" to "own" 24x24 pixel orcs or demons than in the same way you can claim that someone "owns" the copyright to a pixel zombie or alien in 24x24px - and, thus, the (1000) More Punks collection needs to get taken down.
To conclude: In the current legal public research / discussion it is up for debate if you can claim or protect 24x24 (8-bit) pixel art (computer-generated) images and claiming all rights to all pixel demons, vampires or orcs in 24x24px for all-time by simply - as in this case - uploading an image as an anonymous (More Punks) user. It is questionable and for the court (legal copyright scholars) to decide and even a fraud (like uploading / minting a solid color (block) to the blockchain and than claiming to "own" the (sole / exclusive) copyright to the color for all sizes and images etc.).
Let me quote / hightlight two public legal opinions on 24x24 pixel art in the "punk" portrait head style:
Intellectual property attorneys from Los Angeles:
In creating the [Matt & John's®] punks, Larva Labs' [Matt Hall & John Watkinson] established 98 individual graphic elements in 8-bit-style pixel art [in a 24x24 canvas]. Then they ran a software program to randomly generate the images that would become the individual [Matt & John's®] punks. Each punk is just a machine-generated amalgamation of certain individual elements. Few, if any, of the individual pixel art elements contain sufficient creative expression to qualify as being copyrightable. Randomly mixing uncopyrightable elements does not necessarily create copyrightable expression, particularly without human involvement.
[..]
Are Matt & John's® punks copyrighted [or in the public domain]? It's an open question - one that probably would require a court to decide. [...] Larva/Yuga Labs probably don't want a court making that determination for them.
Or the the research paper titled Are Cryptopunks [that is, Computer-Generated Pixel Art Heads in 24x24px] Copyrightable? [Hint: No] (PDF Download ~7.5MB), by Brian L. Frye ( University of Kentucky - College of Law), 21-pages (via SSRN) see https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4029323
That's it. My understanding is that github support will publish the counter notice (waiting for the online link) and contact the original filer to start with legal proceedings (in the US courts)...