Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).

To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md#anatomy-of-a-takedown-notice).

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

Yes, I am the copyright holder.

**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?**

No

**Does your claim involve content on GitHub or npm.js?**

GitHub

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

I'm the [private] that holds the intellectual property rights to it.

**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 source code that [private] wrote can be found at https://github.com/Istador/smoo.it and the website build from the source code is available at https://smoo.it/.

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

The entire repositories and GitHub Pages:  
(A) https://github.com/DaDev123/srdev.smoo.it (available at https://www.servers.run.place/)  
(B) https://github.com/DaDev123/smoo.it-prototypes (available at https://dadev123.github.io/smoo.it-prototypes/)  

**Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice#complaints-about-anti-circumvention-technology">Complaints about Anti-Circumvention Technology</a> if you are unsure.**

No

**<a href="https://docs.github.com/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork">Have you searched for any forks</a> 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.**

There are no forks as far as I know.

**Is the work licensed under an open source license?**

Yes

**Which license?**

Mozilla Public License Version 2.0

**How do you believe the license is being violated?**

Both repositories only contain build assets (executable form) without the source code or information on how to obtain the source code.  
Also they don't contain or mention the open source license under which the source code and its executable form is covered by the license.

**What changes can be made to bring the project into compliance with the license? For example, adding attribution, adding a license, making the repository private.**

The source code and a compatible license needs to be added to the repositories to comply with the license.  
In the case of (A) the build assets additionally also need to contain a link back to the source code repository.  
Otherwise the repositories have to be taken down.

It would be nice but not required by the license to attribute the original project, usually this is done by marking it as a fork or adding a link somewhere.

I believe in free and open software, so the best change would be to comply with the license as described above. But on 2024-10-17 [private] already informed them and gave them the oportunity for that by creating two issues.

**What would be the best solution for the alleged infringement?**

Reported content must be removed

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

I couldn't find any on their GitHub, [private], [private], [private], or [private] profiles.

- https://github.com/DaDev123
[private]  
[private]  
[private]  
[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]  
[private]  
[private]  
[private]  

[private]  
[private]  

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

[private]  
