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Process DMCA request
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2022/11/2022-11-21-potrace.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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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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I am the [private] and [private] of Potrace (potrace.sf.net). I am also a [private] of node-potrace, which is a derivative work of Potrace.
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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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Potrace (potrace.sf.net) is an application and library for converting images from pixel-based formats to vector formats.
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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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The repository at https://github.com/gatsbyjs/node-potrace
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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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Yes. The following four forks also use the LGPL and are in violation:
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https://github.com/isabella232/node-potrace
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https://github.com/marvinjude/node-potrace
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https://github.com/muescha/node-potrace
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https://github.com/tony/node-potrace
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All of them are infringing and should be taken down.
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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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GNU General Public License
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**How do you believe the license is being violated?**
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The GNU General Public License (GPL) specifically states that derivative works must also be distributed under the GPL. The repository in question has changed the license to the GNU Lesser General Public License (LGPL) on March 29, 2022, a license that is incompatible with the GPL.
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Steps I have already taken:
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The fact that this is illegal was already brought to the committer's attention by another user on June 2 in this thread:
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[private]
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After I became aware of the violation on November 2, 2022, I posted to the same thread, stating unequivocally that the repository is in violation of my copyright. I also wrote to the committer, [private], on November 2. He replied on November 3 stating that he would fix the problem on November 3. I have since contacted him two more times, but he still has not fixed the license.
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I also contacted [private] on November 2, notifying them of the violation and asking for the license to be corrected. Apart from signing me up for their mailing list, they have not reacted to the email.
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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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Changing the license from LGPL 3.0 to GPL 3.0 would bring the project into compliance.
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**What would be the best solution for the alleged infringement?**
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Other Change
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**Describe the change.**
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Change the license from LGPL 3 to GPL 3. However, the owners have so far failed to do so, so the repository should be removed unless they fix it.
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**Do you have the alleged infringer’s contact information? If so, please provide it.**
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[private], [private]
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Gatsby: [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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[private]
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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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