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Process DMCA request
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2022/12/2022-12-20-fugu.md
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2022/12/2022-12-20-fugu.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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1907178
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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 am the copyright holder of the original work.
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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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Fugu is an open-source jailbreaking tool for iOS 13. It's source code can be found on GitHub: https://github.com/LinusHenze/Fugu
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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/epeth0mus/Fugu15
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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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At the time of submitting this notice, 48 forks of the infringing repository existed. I've reviewed all of them and they are infringing my copyright as well. Below is a list of all reviewed forks:
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https://github.com/404100797/Fugu15
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https://github.com/Aiwatch/Fugu15
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https://github.com/alikhazal1992/Fugu15
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https://github.com/Ausha1/Fugu15
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https://github.com/avboy1337/Fugu15
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https://github.com/becute165/Fugu15
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https://github.com/Beetstik/Fugu15
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https://github.com/chenchaozhongvip/Fugu15-1
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https://github.com/CrackerCat/Fugu15
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https://github.com/CyberFlameGO/Fugu15
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https://github.com/deathsheadmoth/Fugu15
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https://github.com/Dibo5684/Fugu15
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https://github.com/dontrac/Fugu15
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https://github.com/dotheboogey678/Fugu15
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https://github.com/dximranz/Fugu15
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https://github.com/electrikyouthh/Fugu15
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https://github.com/fengjixuchui/Fugu15
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https://github.com/gmh5225/IOS-Jailbreak-Fugu15
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https://github.com/jerry-maheswara-github/Fugu15
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https://github.com/JustnonDev/Fugu15
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https://github.com/ArabBank/Fugu15
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https://github.com/kongyuluEleven/Fugu15
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https://github.com/Kupera/Fugu15
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https://github.com/liangyaoyun209/Fugu15
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https://github.com/loloboin/Fugu15
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https://github.com/m3m333m/Fugu15-1
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https://github.com/MacMark/Fugu15
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https://github.com/manjoe7600g/Fugu15
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https://github.com/mfgpro/Fugu15
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https://github.com/mino389/Fugu15
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https://github.com/monoonew1/Fugu15
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https://github.com/NA3/Fugu15
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https://github.com/opyu190617/Fugu15
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https://github.com/pingu13013/Fugu15
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https://github.com/saddam1999/Fugu15
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https://github.com/Sagar19RaoRane/Fugu15
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https://github.com/silvrwolfboy/Fugu15
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https://github.com/TamaraAbells/Fugu15
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https://github.com/Tanmoy70/Fugu15
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https://github.com/tech1media/Fugu15
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https://github.com/TeranceKill/Fugu15
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https://github.com/vaginessa/Fugu15
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https://github.com/vanhvungve/Fugu15
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https://github.com/VIP-sa/Fugu15
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https://github.com/xxxAldoxxx/Fugu15
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https://github.com/yangboyd/Fugu15
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https://github.com/yass0016/Fugu15
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https://github.com/zhszy/Fugu15
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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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Fugu is licensed under the GNU General Public License 3 (in the following simply referred to as "GPL"). However, the modified work distributed by epeth0mus is in violation of this license (see below) and as such epeth0mus does not have any right to redistribute the code since all violations result in an immediate and permanent termination of all rights under the GPL (see Part 8 of the GPL).
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**How do you believe the license is being violated?**
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This repository is a modification of my original work. It violates Part 5 (a) of the GPL license, which states that "The [modified] work must carry prominent notices stating that you modified it, and giving a relevant date". No such notices are present in the repository or any of it's forks.
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Any violation results in an immediate termination of the rights under the license according to Part 8 of the GPL.
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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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In order to bring the project into compliance with the license, it must not only cease to violate the license (e.g. by reverting the source code back to the original one) but the license/rights for using Fugu MUST also be reinstated as well as all violations result in an immediate and permanent termination of all rights granted under the license (see Part 8 of the GPL: "You may not propagate or modify a covered work except as expressly provided under this License. Any attempt otherwise to propagate or modify it is void, and will automatically terminate your rights under this License [...]").
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There are three ways to reinstate the rights:
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1. "However, if you cease all violation of this License, then your license from a particular copyright holder is reinstated (a) provisionally, unless and until the copyright holder explicitly and finally terminates your license, and (b) permanently, if the copyright holder fails to notify you of the violation by some reasonable means prior to 60 days after the cessation." (Part 8 of the GPL). (b) does not apply since this notice serves as a notification of the violation. Even if all violations are ceased, I am hereby declaring that I will exercise my right under (a) to finally terminate epeth0mus' license.
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2. "Moreover, your license from a particular copyright holder is reinstated permanently if the copyright holder notifies you of the violation by some reasonable means, this is the first time you have received notice of violation of this License (for any work) from that copyright holder, and you cure the violation prior to 30 days after your receipt of the notice." (Part 8 of the GPL). I have notified epeth0mus by creating an issue in the repository (https://github.com/epeth0mus/Fugu15/issues/102) on November 1st (as I have no contact information, creating an issue should be "reasonable means"), which was more than 30 days ago and no changes were made to the repository since then. Therefore, epeth0mus cannot get their rights reinstated under this article. However, users who forked the repository may be able to get their rights reinstated under this article.
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3. If the rights are manually reinstated by the copyright holder (in this case me). I am not willing to do that.
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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 only know their GitHub username (https://github.com/epeth0mus) and [private] username ([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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Physical address:
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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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