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Process DMCA request
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2024/06/2024-06-06-source-code-3.md
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2024/06/2024-06-06-source-code-3.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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Yes
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**Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.**
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2818730
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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 have read and understand GitHub's Guide to Filing a DMCA Notice.
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I am the [private] and [private] of the code, the code is part of a bigger project and is only the frontend part but it is a one for one copy of [private] work.
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The code in the cloned repository is a flagrant and shameless copy/paste of [private] original work and is in direct contradiction to the license [private] set for that code. Moreover the user who created the repository is actively advertising it for commercial purposes.
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Additionally requested information by GithubSupport:
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As advised i'm replying to the claims insinuating that the original work is licensed under the open-source license, this is not true though, the original work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International Public License and is an open-access license but by no means it is open-source.
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You can find the license at https://github.com/Zer0-bit/gaggiuino?tab=License-1-ov-file#readme
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The repositories i'm submitting a DMCA request about are not in compliance because they are engaged into private commercialization of the code as part of a private [private] group as well as you can find proof of this by going to the store link engaged in the said commercialisation https://www.matter-replicator.com/product/4-3-inch-display-upgrade/
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This is all against the license and the user has not wanted to comply wiht [private] polite requests to obey it.
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Moreover the projects don't even mention the code is a blatant copy of [private] original work, you can even find a fork of [private] original code repository in the user's account [private]
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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 original work comprises of a file that is written in the Nextion IDE using the Nextion Framework, it serves as the frontend on an embedded system and is a part of [private] project, namely Gaggiuino.
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Link to the original work: https://github.com/Zer0-bit/gaggiuino/tree/release/stm32-blackpill/lcd-hmi
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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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https://github.com/SteveNofs/Gaggiuino_35
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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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https://github.com/Giblit/Gaggiuino_35
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https://github.com/maxwell/Gaggiuino_35
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**Is the work licensed under an open source license?**
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No
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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 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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