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Process DMCA request
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2024/09/2024-09-11-xrengine.md
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2024/09/2024-09-11-xrengine.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 one of the [private] of the 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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These works are in violation of my copyright, as well as in violation of the original MIT license terms.
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https://github.com/EtherealEngine/etherealengine
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https://github.com/EtherealEngine/Universal-Volumetric
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[private] wrote the source code, [private] and was the [private] and [private]. [private] set an MIT license, licensed to the fictitious entity XREngine. Another "[private]" on the Github org who joined far later used their privileges to remove [private] from the organization.
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However, the parts that specifically pertain to the violation:
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1. They are using my work without consent or permission
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2. This is not a fork or derived work-- they took the actual codebase and changed the name and license
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3. They changed the MIT license from the original org to a new org
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4. They then changed the MIT license to another kind of license
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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/EtherealEngine/etherealengine
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https://github.com/EtherealEngine/Universal-Volumetric
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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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There are many forks. These users are not intentionally in violation, and if they revert to the original MIT License they will be following acceptable and fair usage guidelines.
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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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It was licensed as MIT but the offending party changed the license to a restricted license, after changing who the MIT License was to
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**How do you believe the license is being violated?**
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The attribution on the license was changed, then the license type was change. here are the commits which show these changes.
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First, this changes the name to "Ethereal Engine, formerly XR Foundation". As XR Foundation was an entity [private] had created, this is not a true statement.
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https://github.com/EtherealEngine/etherealengine/commit/9757b137ca303dba8a247e77b28d453afc777de3
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The original work was fully renamed, without permission or consent of the original creators, and the "formerly XR Foundation" was removed:
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https://github.com/EtherealEngine/etherealengine/commit/ccd0fb70abda966bd91a4e7899710c1ac5d3c864
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Lastly, the license was completely changed to another type of license (CPAL), in complete violation of the previous MIT license.
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https://github.com/EtherealEngine/etherealengine/commit/0d87f2e134b3ec7439af9fd73fbc59c4193c6442
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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 project needs to revert to an MIT license, crediting XREngine, the original project and name on the MIT license as published.
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Ideally the project ownership would be reverted to [private], as the [private] of the organization and project. They have no right whatsoever to ownership, and changing the license to CPAL is illegal.
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However, we are in litigation over this aspect now, so if required we will wait for judgment to demand return of these resources.
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In the meantime, addressing the license and copyright violations is critical.
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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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The project needs to revert to an MIT license. Making the project private would still be a violation, as the license has been altered and not included. The project should be made private until the license is resolved.
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The current holders of the Github don't own the copyright whatsoever, and it is illegal and unfounded that they have control due to the nature of Github ownership (once an owner has permissions, they can remove other owners). We ask no remedy here other than standard policy.
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**Do you have the alleged infringer’s contact information? If so, please provide it.**
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This is the primary copyright violation offenders, as he has stated to others that he owns the copyright and is responsible for writing the code (you can see from the commit history that this is false)
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[private]
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These are the people responsible for changing the licensing
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[private]
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[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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**Please type your full legal name below to sign this request.**
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[private]
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