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Process DMCA request
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2024/02/2024-02-07-source-code-2.md
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2024/02/2024-02-07-source-code-2.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 a [private] who studies research papers in AI/ML nature.
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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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Copyright owner's repo: https://github.com/OrigamiDream/gato
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Infringer's repo: https://github.com/kyegomez/GATO
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I've explicitly mentioned that the copyright owner's repo is following MIT license, which has condition for license and copyright notice.
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The infringer has copied README and codes, which are important part in copyright owner's repo.
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The infringer didn't mention about the license which is belonging to copyright owner's repo, even I had asked for them, he ignored and closed the issue.
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https://github.com/kyegomez/GATO/blob/master/README.md#dataset-and-model-architecture
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https://github.com/kyegomez/GATO/blob/master/gato/model.py#L45
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https://github.com/kyegomez/GATO/blob/master/gato/model.py#L422
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`README.md`:
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- The infringer copied images that explains how the repo works and analysis of research paper.
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- The infringer copied my paper reviews including Architecture Variants, Residual Embedding, and Position Encodings, etc.
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- Especially, the infringer had uploaded my README file with minimum modification at first (the first commit, [65604ca](https://github.com/kyegomez/GATO/blob/65604ca189e0a6e2e79db554403b40e35ab0819c/README.md)) and the infringer modified that silently over time.
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`gato/model.py`:
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- The infringer had uploaded codes with only converting base framework (TensorFlow -> PyTorch) and without changing my directory structure, etc at first (the first commit, [65604ca](https://github.com/kyegomez/GATO/tree/65604ca189e0a6e2e79db554403b40e35ab0819c/gato)) and the infringer modified them silently over time.
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- The latest commit in master branch has different directory structure as a result of the consistent modification, but the components in `gato/model.py` still does not have originality, especially [PatchPositionEncoding](https://github.com/kyegomez/GATO/blob/master/gato/model.py#L45) and `forward(...)` function in [Gato]
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(https://github.com/kyegomez/GATO/blob/master/gato/model.py#L422) are almost same with [private] original codes: [PatchPositionEncoding] (https://github.com/OrigamiDream/gato/blob/main/gato/models/embedding.py#L19), [Gato](https://github.com/OrigamiDream/gato/blob/main/gato/models/__init__.py#L25)
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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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I believe that the entire repository is enough to be taken down since the infringed parts (README and gato/model) are the most important part of copyright owner's repo.
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The list of the repositories:
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https://github.com/kyegomez/GATO
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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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I have searched for the forks, but there seems no infringements.
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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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MIT
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**How do you believe the license is being violated?**
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The MIT license requires copyright notice in their repo if they utilizes codes under the license.
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Excerpted part of the license terms:
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> The above copyright notice and this permission notice shall be included in all
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> copies or substantial portions of the Software.
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But the infringer didn't mention about the license under the copyright owner's repo, and ignored asks of copyright owner.
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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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The infringer can add copyright notice at the top of README in their repo.
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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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[private] (prior [private]): [private]
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Email: [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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Phone number: [private]
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Physical address:
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- Country: [private]
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- State/Region: [private]
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- City: [private]
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- Address: [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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