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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.
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
I am [private] of the Osmocom TETRA software.
**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.**
The Osmocom TETRA software is published at [private].
The git repository there contains the entire history of the development, from day one.
Specifically, this is about the C code in the "src" sub-directory, see [private]
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
The entire repository of https://github.com/moneriomaa/openear should be taken down, as virtually all versions/commits contain exe files infringing on the AGPLv3 OsmoTETRA software.
In the current 'master', the exe files are located at https://github.com/moneriomaa/openear/blob/master/x86/OpenEar1.7.0.exe and https://github.com/moneriomaa/openear/blob/master/x64/OpenEar1.7.0.exe - but every earlier commit, at the very least since March 2020 seems to contain different versions of this program which always include code from OsmoTETRA.
**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.**
There appear to be 20 forked versions of this repository as seen at https://github.com/moneriomaa/openear/network/members
All of those forks contain the commit history, and hence the exe files with the proprietary software including a derivative work of OsmoTETRA.
**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**
The original work is licensed exclusively under GNU AGPLv3, see https://git.osmocom.org/osmo-tetra/tree/COPYING
The derivative work published by moneriomaa is proprietary. It is impossible to include AGPLv3 code in proprietary code.
**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**
The best solution would be to either release OpenEAR (whcih is not open at all!) as open source, or alternatively remove any copyrightable bits of OsmoTETRA from it.
**Do you have the alleged infringer’s contact information? If so, please provide it.**
**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 <a href="https://www.lumendatabase.org/topics/22">fair use</a> 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 <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.**
**So that we can get back to you, please provide either your telephone number or physical address.**
[private]
[private]
[private]
[private]
**Please type your full legal name below to sign this request.**
[private]