From 0f6c578b12d9e85a4f84a829149f4099a9a33d4a Mon Sep 17 00:00:00 2001 From: dmca-sync-bot Date: Wed, 20 Oct 2021 21:49:42 +0000 Subject: [PATCH] Process DMCA request --- 2021/10/2021-10-14-pale-moon.md | 115 ++++++++++++++++++++++++++++++++ 1 file changed, 115 insertions(+) create mode 100644 2021/10/2021-10-14-pale-moon.md diff --git a/2021/10/2021-10-14-pale-moon.md b/2021/10/2021-10-14-pale-moon.md new file mode 100644 index 000000000..e87cedb9e --- /dev/null +++ b/2021/10/2021-10-14-pale-moon.md @@ -0,0 +1,115 @@ +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]