From 3e508179a27baa64c6c46057210e64eaee22372d Mon Sep 17 00:00:00 2001 From: dmca-sync-bot Date: Tue, 14 Mar 2023 20:22:08 +0000 Subject: [PATCH] Process DMCA request --- 2023/03/2023-03-13-source-text.md | 146 ++++++++++++++++++++++++++++++ 1 file changed, 146 insertions(+) create mode 100644 2023/03/2023-03-13-source-text.md diff --git a/2023/03/2023-03-13-source-text.md b/2023/03/2023-03-13-source-text.md new file mode 100644 index 000000000..b5f1fa556 --- /dev/null +++ b/2023/03/2023-03-13-source-text.md @@ -0,0 +1,146 @@ +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). + +--- + +**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?** + +No + +**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 am the [private] and owner of the copyright material. + +**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.** + +On [private], GitHub user sumitKcs ( https://github.com/sumitKcs ) forked 2 of my repos, neither of which have licenses: + +https://github.com/emjose/mousetrail-space +https://github.com/emjose/heart-animation + +• The READMEs of these repos contain custom-designed image files in png format. +• The image files are the visual, gradient headers and project titles of the READMEs. +• [private] the images in Photoshop in [private], and I established copyright status in the metadata settings of the images. +• GitHub user sumitKcs is using my images in the following repos and READMEs: + +https://github.com/sumitKcs/spectrum-animation +https://github.com/sumitKcs/heart-animation +https://github.com/sumitKcs/matrix-effect +https://github.com/sumitKcs/alarm-clock +https://github.com/sumitKcs/chatgpt-clone + +• In sumitKcs's README Markdown files, the image URLs of the specified files are my Cloudinary.com image URLs. +• My repos are not licensed, and the images are being used without my permission. +• The images are being used without any attribution or acknowledgement. +• SumitKcs is promoting the projects and linking to the repo READMEs on his [private] and [private] accounts. +• [private] +• [private] +• In addition, sumitKcs has done little to change the wording of the original READMEs I wrote. + +**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.** + +• Below are the urls of the image files that should be removed from sumitKcs's repos and READMEs. +• The images are hosted on [private] Cloudinary.com account. Cloudinary Account ID is [private] + +https://res.cloudinary.com/dn1e07eul/image/upload/v1659241355/Readme%20Headers/inter-toc_euxbbw.png +https://res.cloudinary.com/dn1e07eul/image/upload/v1659389842/Readme%20Headers/inter-installation_j9ixlq.png +https://res.cloudinary.com/dn1e07eul/image/upload/v1659389947/Readme%20Headers/inter-live-site_ngkqcf.png +https://res.cloudinary.com/dn1e07eul/image/upload/v1659314247/Readme%20Headers/inter-resources_ncevbw.png +https://res.cloudinary.com/dn1e07eul/image/upload/v1659314257/Readme%20Headers/inter-lets-connect_bv3kcd.png +https://res.cloudinary.com/dn1e07eul/image/upload/v1659314281/Readme%20Headers/inter-congrats_m4p3ck.png +https://res.cloudinary.com/dn1e07eul/image/upload/v1659385853/Readme%20Headers/inter-012-heart-animation_kh6ssr.png +https://res.cloudinary.com/dn1e07eul/image/upload/v1659385855/Readme%20Headers/inter-024-spectrum_hri2gh.png + +• Some of the Cloudinary URLs have been updated, but sumitKcs is circumventing the deleted URLs by using the auto-generated "camo.githubusercontent" URLs of the images. + +• Below are the camo.githubusercontent URLs of the images that should be removed from sumitKcs's repos and READMEs: + +[invalid] + +[invalid] + +[invalid] + +[invalid] + +[invalid] + +[invalid] + +[invalid] + +[invalid] + +• Commit history of sumitKcs using the [invalid] URL of one of my images: https://github.com/sumitKcs/heart-animation/commit/40782643242c349f9c8d61779efe8dda0a27e729 + +• My images listed above appear in the following repos and READMEs of sumitKcs: + +https://github.com/sumitKcs/spectrum-animation +https://github.com/sumitKcs/heart-animation +https://github.com/sumitKcs/matrix-effect +https://github.com/sumitKcs/alarm-clock +https://github.com/sumitKcs/chatgpt-clone + +**Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our Complaints about Anti-Circumvention Technology if you are unsure.** + +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, I have searched the forks. +• SumitKcs forked my projects on [private] +• On [private], sumitKcs deleted his forks of my projects, but I took screenshots of the forks before he deleted them. +• I can provide screenshots if needed. + +The Forks: +[invalid] +[invalid] (now deleted, but screenshot available) +• The new/renamed repo is https://github.com/sumitKcs/spectrum-animation + +[invalid] +[invalid] (now deleted, but screenshot available) +• The new/renamed repo is https://github.com/sumitKcs/heart-animation + +**Is the work licensed under an open source license?** + +No + +**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.** + +https://github.com/sumitKcs +[private] +[private] +[private] + +**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.** + +[private] +[private] +[private] + +**Please type your full legal name below to sign this request.** + +[private]