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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).
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**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am the copyright holder.
**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?**
Yes
**Does your claim involve content on GitHub or npm.js?**
GitHub
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
I have read and understand GitHub's Guide to Filing a DMCA Notice.
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.
I, [private], am the [private] and [private] of a repo called ChessWager. [private] originally created it around September of 2021. You can see it here:
https://github.com/geektechniquestudios/ChessWager
**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.**
ChessWager is a decentralized betting platform wherein users can bet on the outcome of pro chess games in real-time as they happen. The site does not allow the usage of real funds at this point for legal reasons. It only uses test net funds and is still in an experimental state.
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
The entire repository should be removed.
https://github.com/synaptik69/chesswager
**Do you claim to have any technological measures in place to control access to your copyrighted content?**
No
**Have you searched for any forks 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.**
Yes, there are no forks.
**Is the work licensed under an open source license?**
Yes
**Which license?**
GNU Affero General Public License, Version 3, 19 November 2007
**How do you believe the license is being violated?**
They have blatantly taken [private] work as their own without attribution. They did not fork [private] repo, they reuploaded the project with an altered git graph where they replaced [private] name and [private] #2 contributor's name with their own name. They claim [private] almost 2000 commits and 1 million lines of code are theirs. This is undeniable outright plagiarism.
The key violations in relation to the GNU Affero General Public License, Version 3 are:
**Preservation of Appropriate Legal Notices:** The AGPLv3 mandates that the original copyright, disclaimer of warranty, and preservation of other notices remain intact. By replacing the commit history, the user has effectively removed these attributions.
**State Changes:** If the work has been modified, AGPLv3 requires that the modified files carry prominent notices stating that they have been changed. Since the user has obscured the commit history, it is unclear if such notices have been appropriately added for any potential changes.
**Conveying Source:** The AGPLv3 emphasizes that those who convey the program must make the entire source code available to any user of the software. It is unclear if the infringer is complying with this term, especially if they are running a modified version of the software on a server accessible by others.
**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.**
Their project can not be brought into compliance as they have deliberately misrepresented [private] work as theirs by going out of their way to remove [private] name.
The only solution I see is the complete removal of their fraudulent repo. If they want to use the code [private] wrote, they should fork [private] repo and not remove [private] name from it.
**What would be the best solution for the alleged infringement?**
Reported content must be removed.
**Do you have the alleged infringer’s contact information? If so, please provide it.**
No, it is just a random GitHub account with no visible email or contact info. I see no way to send them a message.
**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.**
**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.**
**I have read and understand GitHub's Guide to Submitting a DMCA Takedown Notice.**
So that we can get back to you, please provide either your telephone number or physical address.
Phone: [private]
Address:
[private]
[private]
[private]
**Please type your full legal name below to sign this request.**
[private]