dmca/2019/08/2019-08-01-Chipkin.md
2019-08-02 09:54:13 -07:00

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I have attempted to contact this use via [twitter][private], and I opened an issue in this repository trying to resolve this issue without going though DMCA, but I have not received a response from this user. I do not have any other means of contact this user directly.

I have read and understand GitHub's Guide to Filing a DMCA Notice.

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

Yes, I am the copyright owner.
Chipkin Automation System

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 original work is described here
https://store.chipkin.com/services/stacks/bacnet-stack

This repository is a copy of a paid product that I am selling and is against our terms of service. https://github.com/scottjustin5000/BACnetDriver.

This repository also includes a copy of the license agreement that forbidden to redistribute. https://github.com/scottjustin5000/BACnetDriver/blob/master/source/licensee.h. See below

A full and detailed license agreement exists between CAS and the Licensee. Amongst other things, it prohibits the unauthorized use, copying or distribution of these files or parts thereof. Such acts can harm CAS and cause financial loss. You may be responsible for the loss and consequent reparations. If you have any doubt about your rights or obligations with respect to this file, its use or how it forms a component of the delivered CAS product then please consult with CAS or a suitable manager of the company identified as the Licensee. Separating components of the product is also prohibited. Thus you may not re-arrange the files or components, rename them, consolidate them, delete any, or copy/transfer a single component item.

This file was written by [private].

What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL:

The entire repository and all the files contained within https://github.com/scottjustin5000/BACnetDriver

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

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?

No. The product is not an open source license.

The infringing files are violating our terms and conditions - https://github.com/scottjustin5000/BACnetDriver/blob/master/source/licensee.h

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?

Remove or restrict access to the files.
Yes, the repository be made private.

Do you have the alleged infringers contact information? If so, please provide it:

No.

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.

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

Phone number: [private]
Address:
Chipkin Automation Systems
#211-3381 Cambie street, Vancouver, BC, v5z4r3, Canada

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

[private]