dmca/2019-12-23-skycastle.md at master

github/dmca

Fork 0

mirror of https://github.com/github/dmca.git synced 2025-06-18 17:05:41 -04:00

Hubot 9acaabe782 Process DMCA request

2019-12-24 07:50:33 -08:00

7.9 KiB

Raw Permalink Blame History

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.

My law firm represents Sky Castle Studios, LLC (“Sky Castle”).

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.

Our client is the owner of copyrighted content relating to many different three-dimensional models that our customers pay for to use and represent their characters when they play tabletop games (the “Copyrighted Content”). These models and the copyrighted content are located at Sky Castle’s website and service https://www.heroforge.com/. By way of background, one of GitHub’s users uploaded software to GitHub for the specific purpose of enabling copyright infringement of Sky Castle’s Copyrighted Content, essentially enabling others to use this software on GitHub to rip off and unlawfully copy the Copyrighted Content from Sky Castle’s website. Sky Castle has sent numerous takedown notices to GitHub relating to this original software code and variations thereof made by other GitHub users, all of which are specifically purposed and created to infringe Sky Castle’s Copyrighted Content. Accordingly, the activities of these GitHub users constitute copyright infringement, and also violate GitHub’s Terms of Use and DMCA Takedown Policy to which these users agreed when they signed up with GitHub.
GitHub has taken down many of the specific posts involving this software after notification and request by Sky Castle, but the users simply upload it or a variation thereof again, and unfortunately the nature of GitHub’s site and service allows the initial software to proliferate among many different users. This requires Sky Castle to police GitHub’s site constantly and send numerous additional takedown notices, which should not be necessary. At one point, Sky Castle reached out directly to the first user who initially created the software that enables repeated infringement of Sky Castle’s Copyrighted Content and the user agreed to refrain and in fact posted a public apology (see here: [private]). However, as noted above, the genie was already of the bottle and now my client is forced to play whack-a-mole with numerous other versions of the software with many other users to protect its valuable Copyrighted Content.

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

Below we are providing links to users that have posted the software or a variation of it that specifically enables repeated infringement of Sky Castle’s Copyrighted Content. Given the nature and potential use of the software, which is only to infringe my client’s Copyrighted Content, and the REPEATED infringements involved, we request not only that you take down and remove these infringements, but that you disable and terminate these user accounts for copyright violation and egregious violation of GitHub’s own DMCA Takedown Policy, which states, in pertinent part: “It is the policy of GitHub, in appropriate circumstances and in its sole discretion, to disable and terminate the accounts of users who may infringe upon the copyrights or other intellectual property rights of GitHub or others.” https://help.github.com/en/github/site-policy/dmca-takedown-policy#e-repeated-infringement.

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 simply what my client has been able to find itself or has been informed of by its developers. We request that GitHub not only remove/delete this content in its entirety and disable and terminate the accounts of all of these users, but actively conduct an investigation and search for other infringing uses of this software or variations thereof and when found, remove it and disable and terminate the accounts of those users as well.

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.

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?

We request that GitHub not only remove/delete this content in its entirety and disable and terminate the accounts of all of these users, but actively conduct an investigation and search for other infringing uses of this software or variations thereof and when found, remove it and disable and terminate the accounts of those users as well.

Do you have the alleged infringer’s contact information? If so, please provide it.

We do not have it.

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]

7.9 KiB Raw Permalink Blame History Unescape Escape

7.9 KiB

Raw Permalink Blame History