5.0 KiB
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 one of the owners of the original repository (https://github.com/esx-framework/es_extended). The owner of the copyright is currently busy, but I have the authorization to submit this request.
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 repo that we want taken down is https://github.com/ESX-Brasil/es_extended . Firstly, they blatantly copied https://github.com/esx-framework/es_extended , translated some files and removed the copyright from the files, claiming It's theirs, when It isn't. After some discussion, we decided that we are going to offer them to delete the repo, fork one from https://github.com/esx-framework/es_extended , and just do their changes (translate), but they declined, we gave them 24 hours to make the appropriate changes, but they failed to do so. We have ownership of the whole ESX trademark, https://esx-framework.org/, https://forum.esx-framework.org/ . The last thing they did is remove everything, but now they have included a link to a third party, where they have uploaded the same code (which we didn't approve and wanted taken down), so people can download it. The https://github.com/ESX-Brasil/es_extended should be taken down. ESX-Brasil is not releated to esx-framework in any way. We want the whole organization down, as we have seen that they have done the same to every other repository and they are using our name, which is not acceptable, because we are not affiliated to them in ANY way.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
The whole organization should be taken down >>> https://github.com/ESX-Brasil
If not, this repository >>> https://github.com/ESX-Brasil/es_extended
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, the forks are the following:
https://github.com/Blejki/es_extended-1
https://github.com/DrawwDevelopmentFork/es_extended
https://github.com/fabio98984/es_extended
https://github.com/Gammy7/es_extended
https://github.com/gnscteamcom/es_extended
https://github.com/lerdonhd/es_extended
https://github.com/szymixhere/es_extended
https://github.com/xenonallstar/es_extended-1
We want them taken down 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?
The work is licensed under the following:
Copyright (c) [private]
All rights reserved.
Even if 'All rights reserved' is very clear :
You shall not use any piece of this software in a commercial product / service
You shall not resell this software
You shall not provide any facility to install this particular software in a commercial product / service
If you redistribute this software, you must link to ORIGINAL repository at https://github.com/ESX-Org/es_extended
This copyright should appear in every part of the project code
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 is to delete the whole organization (ESX-Brasil). We have tried the polite way, but they failed to complete our needs. At first we were going for the https://github.com/ESX-Brasil/es_extended repository, but we figured that the whole organization should be taken down.
Do you have the alleged infringer’s contact information? If so, please provide it.
es, his github account is [private] . We know that their email is [private] and his own is [private]
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.
Mail: [private]
[private]
Please type your full legal name below to sign this request.
[private]