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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).
---
Good day,
It has been determined that the repositories "Male-Poon" [1a] and
"www.malepoon.org" [1b] under the organization "ManchildProductions" on
Github are currently using branding[3][3a][3b] and website content[5]
from our Pale Moon browser project ("the Work")[2] without our
authorization which constitutes copyrighted work in accordance with
Title 17 of the U.S. Code.
This deals with two cases of infringement.
I. Copyrighted branding materials: I have found the unauthorized use of
our work being used in the 'master' branch of the Male-Poon repository
(and plenty of other tagged branches in that repository, not noted here
for brevity) [4], including but not limited to the Pale Moon logo [4a]
and wordmark [4b].
II. Copyrighted website content: the repository
https://github.com/ManchildProductions/www.malepoon.org as a whole,
which contains copyrighted web content[4c][4d] from our project website
[5] including protected trademarks, logos[5a], custom artwork [5b], and
web code/html/etc. [5c]
The entire website is under copyright as clearly indicated on each page
in the footer.
For clarity:
I. [4], [4a] and [4b] infringe upon [3], with examples [3a], [3b]
(non-exhaustive)
II. [4c] and [4d] and likewise all other content content in [1b]
infringe upon [5], with examples [5a], [5b] and [5c] (non-exhaustive).
I have read and understand GitHub's Guide to Filing a DMCA Notice.
Considering the organization and repository was created as a trolling
account to host copies of my products, I kindly ask that you also take
that context into account as far as the extent of your corrective
actions against users and the organization on GitHub is concerned.
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 fair use into
consideration.
Considering the branding included as part of software in the Work is
optional and explicitly marked as copyrighted material, which cannot
legally be used by anyone except the copyright holder[6] in any product
other than Pale Moon official releases, fair use does not, in any way,
apply here. Similarly, since the Work as far as the website content is
concerned is intended for use of an impersonating project and not for
referencing the original project, use of it in such context also
excludes any fair use considerations.
Accordingly, I demand that you immediately remove the material and cease
any further all of my Work, including any other infringements, otherwise
you could be liable for statutory damages as high as $150,000 as set
forth in Section 504(c)(2).
If you do not cease the use of the aforementioned copyrighted material a
lawsuit will be commenced against you.
Furthermore, I demand that you immediately cease the use and
distribution of all infringing works derived from the Work, and all
copies of same, and that destroy such copies immediately and that you
desist from this or any other infringement of our rights in the future.
I understand that this copyrighted material may have remained on your
systems after our repositories were removed, however I ask that you take
the appropriate action to remove any and all copies of said material
from this and any other repositories that may still have my Work
included in order to satisfy my demand for removal.
If I have not received an affirmative response from you by the 27th day
of September, 2021 indicating that you have fully complied with these
requirements (14 days from the filing of this notice) I shall consider
taking any and all legal remedies available to rectify this situation.
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.
Sincerely,
[private]
[1a] https://github.com/ManchildProductions/Male-Poon
[1b] https://github.com/ManchildProductions/www.malepoon.org
[2] http://www.palemoon.org/branding.shtml see e.g. logo and wordmark and http://www.palemoon.org (fully copyrighted website content)
[3] https://repo.palemoon.org/mcp-graveyard/Pale-Moon/src/branch/master/palemoon/branding/official
[3a] https://repo.palemoon.org/mcp-graveyard/Pale-Moon/src/branch/master/palemoon/branding/official/default256.png
[3b] https://repo.palemoon.org/mcp-graveyard/Pale-Moon/src/branch/master/palemoon/branding/official/content/about-wordmark.png
[4] https://github.com/ManchildProductions/Male-Poon/tree/master/palemoon/branding/official
[4a] https://github.com/ManchildProductions/Male-Poon/blob/master/palemoon/branding/official/default256.png, https://github.com/ManchildProductions/Male-Poon/blob/master/palemoon/branding/official/content/about-logo.png
[4b] https://github.com/ManchildProductions/Male-Poon/blob/master/palemoon/branding/official/content/about-wordmark.png
[4c] https://github.com/ManchildProductions/www.malepoon.org/blob/master/images/branding/about.png
[4d] https://github.com/ManchildProductions/www.malepoon.org/blob/master/images/PaleMoon-250.jpg
[5] http://www.palemoon.org/
[5a] http://www.palemoon.org/images/branding/about.png
[5b] http://www.palemoon.org/images/PaleMoon-250.jpg
[5c] http://www.palemoon.org/index.shtml
[6]
[private]
[private]
[private]
[private]