dmca/2019/10/2019-10-17-neurotec.md
2019-10-18 11:46:48 -07:00

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Are you the copyright holder or authorized to act on the copyright owner's behalf?

Yes, I am the copyright holder.

Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.

My name is [private] and I am [private] at NeuroTec Development Team, the owners of the copyright being infringed upon. I am authorised to act on behalf of Neurotec Development Team for the purposes of asserting our copyright and intellectual property ownership.

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 Intellectual Property (IP) known as "NeuroTec Vehicles Addon Pack" has unlawfully been uploaded to GitHub violating both the main license explicitly forbidding public forks and/or reuploads, as well as the third party asset license that requires due credit be given if derivative "addons" are publicly published. The original IP, to which we own the exclusive copyrights, can be found at:

https://forum.facepunch.com/f/gmodaddon/jjea/NeuroTec-Vehicles-Addon-Pack/1/
https://subversion.assembla.com/svn/neurobase
http://subversion.assembla.com/svn/NeuroTecDev/NeuroMicro
http://subversion.assembla.com/svn/NeuroTecDev/NeuroTanks
http://subversion.assembla.com/svn/neuroweapons
http://subversion.assembla.com/svn/NeuroTecDev/NeuroNaval http://hawxmod.googlecode.com/svn/trunk/hawxaddon
http://svn2.assembla.com/svn/NeuroPlanes

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

https://github.com/Yogpod/NeuroTec

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.

This is, to my knowledge, the only infringing repository.

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?

The license governing the whole of the NeuroTec Vehicles Pack can be found at: http://subversion.assembla.com/svn/NeuroTecDev/NeuroTanks/LICENSE.md

"Subject to the terms and conditions of this Public License, the Licensor hereby grants You a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to exercise the Licensed Rights in the Licensed Material to:
reproduce and Share the Licensed Material, in whole or in part, for NonCommercial purposes only; and
produce and reproduce, but NOT SHARE, Adapted Material for NonCommercial purposes only"

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 repository shall be removed, as the owner of the repository already tried requesting permission to reupload the works being infringed upon, a request that was explicitly denied, yet he still knowingly violated the license.

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

No, the owner of the repository contacted me over Discord.

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 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 Guide to Submitting a DMCA Takedown Notice.

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]