dmca/2019/07/2019-07-23-RadioLib.md
2019-07-24 07:38:16 -07:00

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Are you the copyright owner or authorized to act on the copyright owners behalf?
I am the copyright owner.

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.
The work in question is a C/C++ library RadioLib (available at https://github.com/jgromes/RadioLib). It is an embedded driver for various wireless communication modules. Amongst the supported wireless modules is the SX126x family of LoRa radio modules. It has recently occured to me that a different GitHub project (https://github.com/tinytronix/SX126x) is using substantial parts of RadioLib code without any mention of RadioLib or its original license. RadioLib is licensed under the MIT License, which clearly states that: "The above copyright notice and this permission notice shall be included in all copies or substantial portions of the Software." I firmly believe that this use of RadioLib is in violation of its license.

What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL:
https://github.com/tinytronix/SX126x/blob/master/SX126x.cpp
https://github.com/tinytronix/SX126x/blob/master/SX126x.h

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.
To the best of my knowledge, no additional forks of the allegedly infringing repository exist.

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?
RadioLib is licensed under MIT license, which can be found in full at https://github.com/jgromes/RadioLib/blob/master/license.txt. The allegedly infringing files are in violation of the license by not including the copyright notice.

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?
The best solution would be to add the RadioLib copyright notice or full license text - either as a separate file in the repository, or as a text entry at the top of the files in question.

Do you have the alleged infringers contact information? If so, please provide it:
I attempted to contact the repository owner (https://github.com/tinytronix) both on GitHub (by opening an issue in the infringing repository, which can be found at https://github.com/tinytronix/SX126x/issues/2), and on the email address listed in the repository ([private]). The GitHub issue went unanswered, and email delivery appears to fail.

Type (or copy and paste) the following statement: "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 fair use into consideration."
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 fair use into consideration.

Type (or copy and paste) the following statement: "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 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.

Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/
I have read and understand GitHub's Guide to Filing a DMCA Notice.

So that we can get back to you, please provide either your telephone number or physical address:
Telephone number: [private]

Please type your full legal name below to sign this request:
[private]