Process DMCA request

This commit is contained in:
dmca-sync-bot 2022-03-30 15:16:05 +00:00
parent 435d5791c3
commit a38a348225

View File

@ -0,0 +1,96 @@
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.**
[private] the copyright holder of Community Applications. DamianICT has made a minor modification to the code and subsequently arbitrarily changed the copyright notice from myself to himself. Under the terms of GPLv2 (which community applications is licenced under), the original copyright notice must remain in place.
I have zero problems with the modifications, but the copyright is mine, not his
**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.**
This is the original still maintained GitHub repository https://github.com/Squidly271/community.applications
This repository has been under active development by myself since 2015 (every once in a while though I will delete it and recreate it to clear out the history)
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL.**
https://github.com/DamianICT/community.applications-unraid
**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.**
No
**<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.**
Yes. This is the only fork of Community Applications which seems to have commits lately, and the only one I found which has explicitly changed the copyright holder
**Is the work licensed under an open source license?**
Yes
**Which license?**
GPLv2
**How do you believe the license is being violated?**
DamianICT does not have the rights to arbitrarily change the ownership of the license simply due to a very minor changes
**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.**
Revert the copyright notice back to myself. After I had originally raised this issue with the repository owner, the repository was made immediately private.
It has popped back up being public today, and his name is still listed as the copyright holder (and author), but the code has now been relicensed as GPLv3 (another licence violation)
**What would be the best solution for the alleged infringement?**
Other Change
**Describe the change.**
List the copyright properly. List the Author properly
**Do you have the alleged infringers contact information? If so, please provide it.**
Only via the publicly available GitHub information of the repository
**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] or [private]
[private]
[private]
[private]
[private]
[private]
**Please type your full legal name below to sign this request.**
[private]