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Process DMCA request
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2024/10/2024-10-30-source-code.md
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2024/10/2024-10-30-source-code.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'm the [private] that holds the intellectual property rights to it.
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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 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/.
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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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The entire repositories and GitHub Pages:
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(A) https://github.com/DaDev123/srdev.smoo.it (available at https://www.servers.run.place/)
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(B) https://github.com/DaDev123/smoo.it-prototypes (available at https://dadev123.github.io/smoo.it-prototypes/)
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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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There are no forks as far as I know.
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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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Mozilla Public License Version 2.0
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**How do you believe the license is being violated?**
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Both repositories only contain build assets (executable form) without the source code or information on how to obtain the source code.
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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.
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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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The source code and a compatible license needs to be added to the repositories to comply with the license.
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In the case of (A) the build assets additionally also need to contain a link back to the source code repository.
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Otherwise the repositories have to be taken down.
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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.
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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.
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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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I couldn't find any on their GitHub, [private], [private], [private], or [private] profiles.
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- https://github.com/DaDev123
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[private]
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[private]
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[private]
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[private]
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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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[private]
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[private]
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[private]
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[private]
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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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