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Hubot 2020-01-03 06:24:34 -08:00
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**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am authorized to act on the copyright owner's behalf.
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
I am ControlWorks Consulting, [private] acting on behalf of ControlWorks Consulting, LLC.
**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.**
It is sold on our website at http://www.store.controlworks.com/Modules/Product.aspx?pid=110, and is available for download after purchase. Not available for download before purchasing.
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
https://github.com/jeffaco/home-crestron/blob/master/SIMPL/Pro3-Security/House_Logix_HSIM_startup_engine_(ControlWorks)_v1.2.ush
https://github.com/jeffaco/home-crestron/blob/master/SIMPL/Pro3-Security/House_Logix_HSIM_startup_engine_(ControlWorks)_v1.2.usp
https://github.com/jeffaco/home-crestron/blob/master/SIMPL/Pro3-Security/House_Logix_HSIM_v1.2.umc
https://github.com/jeffaco/home-crestron/blob/master/SIMPL/Pro3-Security/House_logix_HSIM_Help_v1.2.pdf
**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, it exists in all 9 forks. Same 4 files as above:
House_Logix_HSIM_startup_engine_(ControlWorks)_v1.2.ush
House_Logix_HSIM_startup_engine_(ControlWorks)_v1.2.usp
House_Logix_HSIM_v1.2.umc
House_logix_HSIM_Help_v1.2.pdf
In Forks:
https://github.com/esilvaDC/home-crestron/tree/master/SIMPL/Pro3-Security
https://github.com/jhonconal/home-crestron/tree/master/SIMPL/Pro3-Security
https://github.com/Kislez/home-crestron/tree/master/SIMPL/Pro3-Security
https://github.com/leorassi/home-crestron-clone/tree/master/SIMPL/Pro3-Security
https://github.com/NimDeco/home-crestron/tree/master/SIMPL/Pro3-Security
https://github.com/RBSystems/home-crestron/tree/master/SIMPL/Pro3-Security
https://github.com/marcoshemann/home-crestron/tree/master/SIMPL/Pro3-Security
https://github.com/rzulian/home-crestron/tree/master/SIMPL/Pro3-Security
https://github.com/wjfernandez/home-crestron/tree/master/SIMPL/Pro3-Security
**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**
It is not under an open source license. This user is in violation of the license grant to not distribute the source code as specified in the License Grant. Additionally the work is licensed under a proprietary license.
**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**
For the user @jeffaco I have verified what I believe to be a purchase of said software based on his name on his GitHub profile. Changing the repository to private is acceptable. For all other forks, removal is the correct action since the license non-transferrable or able to be sub-licensed.
**Do you have the alleged infringer’s contact information? If so, please provide it.**
We do not.
**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://help.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]
**Please type your full legal name below to sign this request.**
[private]