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Process DMCA request
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2023/07/2023-07-20-flowersghana.md
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2023/07/2023-07-20-flowersghana.md
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Before disabling any content in relation to this takedown notice, GitHub
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- 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).
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- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
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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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---
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**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
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Yes, I am the copyright holder.
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**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?**
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No
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**Does your claim involve content on GitHub or npm.js?**
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GitHub
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**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
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I am the original author and the copyright owner of the codebase in the repository located at [private]. I personally created and wrote the code, made all the commits, and managed the repository. I initially shared this code under the MIT license but later switched it to a private repository due to business considerations. The code in the repository represents a significant personal investment of time and resources in writing and testing. I am thus authorized to act on my own behalf in protecting my copyright over this material.
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**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.**
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The copyrighted work in question is the complete codebase of my project, 'Flowers Ghana', which is an online flower shop. It consists of a comprehensive set of functionalities such as user authentication, product display, shopping cart functionality, and payment processing, among others.
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The original codebase was designed, written, and maintained solely by me. I had posted it on GitHub under the MIT license initially for the purposes of sharing and community contribution. The codebase represents extensive work in frontend and backend development using technologies such as React, Next.js, and AWS.
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The original work was hosted at the following URL: [private]. Note that it was changed to a private repository about 8 months ago due to business considerations.
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The README file, comments within the code, commit history, and overall structure and layout of the application are all unique to my creation and are part of the copyrighted work.
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**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
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As the entire codebase of the repository has been copied without permission, the request is to take down the entire repository.
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The repository URL is: https://github.com/dybbuk-dev/flowers_shopping
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**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.**
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No
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**<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.**
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Yes, I have searched for any forks of the infringing repository. However, in this case, the user did not create a fork of my repository. Instead, they seem to have cloned my repository, changed the commit author from me to them, and then re-uploaded it to GitHub as their own repository. Therefore, this does not appear to be a case of forking but rather a direct copy and re-upload under their name.
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**Is the work licensed under an open source license?**
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Yes
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**Which license?**
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MIT License
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**How do you believe the license is being violated?**
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The alleged violator cloned my repository, changed all the commits to his name, and then re-uploaded the repository under his account, making it appear as if he was the original author. This misrepresents the authorship and original source of the codebase, in violation of the MIT License's requirement for maintaining the original copyright notice.
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**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.**
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Add a clear attribution in the repository README, indicating my authorship and the link to the original repository.
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Maintain the original copyright notice in the license file.
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Alternatively, the violator could take down the repository if they're not willing to comply with the MIT License's conditions.
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**What would be the best solution for the alleged infringement?**
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Reported content must be removed
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**Do you have the alleged infringer’s contact information? If so, please provide it.**
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Only their github profile: https://github.com/dybbuk-dev
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**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.**
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**I have taken <a href="https://www.lumendatabase.org/topics/22">fair use</a> into consideration.**
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**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.**
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**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>.**
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**So that we can get back to you, please provide either your telephone number or physical address.**
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[private]
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**Please type your full legal name below to sign this request.**
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[private]
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