**Are you the copyright holder or authorized to act on the copyright owner's behalf?**

Yes, I am authorized to act on the copyright owner's behalf.

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

I am acting as a lawyer and my client is the owner of the Software and all related IP. They bought this IP in 2017 by contractual agreement of the earliere owner.

Some of the the guys, distributing/publicating the infringing code (namely: [private] und [private]), had been working for my client in the past.  
The original Software was published under GNU GPL 2.0.

**Please provide a detailed description of the original copyrighted work that has allegedly been infringed. If possible, include a URL to where it is posted online.**

The first version was published here:  
https://github.com/mercycorps/tola-activity

a later second version was published here:  
https://github.com/open-build/TolaActivity

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

The whole repository, which can be found under the following adress, must be taken down, because it violates the GNU GPL 2.0 license.  
https://github.com/hikaya-io

As you asked for, you can find the following link to specific files and repositories on GitHub:

The repository of the illegal project can be found here:  
https://github.com/hikaya-io/activity

A detailed description of the the changes made, can be found here:  
https://github.com/hikaya-io/activity/commit/1a9ff1ed24585867508af8f31473ecfb469307da

It can be seen there, that the whole projekt is a Toladata-Project of my client and you can see every change where they changed „Tola“ as a part of the brandmark TolaData, into „activity“ or hikaya.

**Have you searched for any forks of the allegedly infringing files or repositories? Each fork is a distinct repository and must be identified separately if you believe it is infringing and wish to have it taken down.**

The infringing code has not been forked, it has just beeen dumped to a new version.

**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**

The original files of my client has been published under GNU GPL 2.0 license.

The violating work is published under Apache-2.0-License. By that, the GPL 2.0 is violated, because the violating work  
- deleted every name of author  
- deleted every copyright-note and  
- deleted any reference to earlier versions and authors.  
Every single one of this points is an violation of GPL 2.0.

Also the GPL 2.0 can not be transfered to an Apache-License as the author of infringing code has done.

A detailed description of the the changes made, can be found here:  
https://github.com/hikaya-io/activity/commit/1a9ff1ed24585867508af8f31473ecfb469307da

**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**

The infringement must be removed because it infringes the GPL 2.0.license agreement. By violating the GPL 2.0 license agreement, the user is no longer allowed to use the software-code.

The forked project is not in compliance with the GPL-2.0- License, because the violating work is published under Apache-2.0-License and not under a GPL-2.0- License and the user  
- deleted every name of author  
- deleted every copyright-note and  
- deleted any reference to earlier versions and authors.  
Every single one of this points is an straight violation of GPL 2.0.

Therefore the infringement must be removed because it infringes the GPL 2.0.license agreement. By violating the GPL 2.0 license agreement, the user is no longer allowed to use the software-code. Therefore the only option could be, to delete the infringing respository.

**Do you have the alleged infringer’s contact information? If so, please provide it.**

[private]

**I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law.**

**I have taken <a href="https://www.lumendatabase.org/topics/22">fair use</a> into consideration.**

**I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.**

**I have read and understand GitHub's <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.**

**So that we can get back to you, please provide either your telephone number or physical address.**

[private]

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

[private]
