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Process DMCA request
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2023/10/2023-10-30-phpdocx.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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While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s).
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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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We are the company that develops the library which is uploaded without permission on GitHub.
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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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Phpdocx is a document generation library. It is a paid, commercial product, a proprietary software.
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https://www.phpdocx.com/
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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/rockmelodies/iiirockyiii
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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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Yes
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**What technological measures do you have in place and how do they effectively control access to your copyrighted material?**
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phpdocx is a paid product. One must pay for it in order to get access to it.
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Once the user pays for it, it is implied that they agree with the License Conditions, which forbids its public distribution. More about this in following answers.
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**How is the accused project designed to circumvent your technological protection measures?**
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The user has taken the code of the product and distributed it in public, thus going against the product´s License Conditions.
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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 other forks that we can see.
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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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Open source is not the same as Free source. This is a proprietary product. It is allowed to see, check or modify the source code for personal use but not to redistribute it.
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**How do you believe the license is being violated?**
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Here are the license conditions which the fork is violating:
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https://www.phpdocx.com/license-conditions
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This license gives the holder the right to install the PHPDOCX library package in ONE server.
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This license also grants the holder the right to install the PHPDOCX library package in a private network, i.e. localhost or a LAN, for development and testing purposes but NOT for production.
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The license holder is allowed to modify the source code of the PHPDOCX library in order to further adapt it to his needs but in no event will the original copyright holders of PHPDOCX be held responsible for action or actions resulting from any modifications of the source.
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The license holder may not redistribute PHPDOCX in its current version or with any modification of the source code introduced by the holder.
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The license holder CAN NOT redistribute PHPDOCX package as part of other product without the explicit permission by writing of the copyright holder of PHPDOCX.
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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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Ideally we ask the repository to be taken down, removed. Or at least made private.
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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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We have no contact information of this person, that's why we fill this form. Thanks in advance for your help.
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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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phpdocx
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[private]
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Address : [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], Narcea Producciones Multimedia.
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