4.0 KiB
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.
I am an [private] ([private]) authorized to act on behalf of a person injured by a violation of the U.S. Copyright laws, in particular section(s) 1201(a)(2) and/or 1201(b)(1) of Title 17 of the United States Code, commonly referred to as the Digital Millennium Copyright Act, or "DMCA".
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.
Mountain Project (https://www.mountainproject.com/) is copyrighted by Adventure Projects, Inc. The Mountain Project work consists of user generated rock climbing content submitted by contributors. Adventure Projects Terms indicate that, "We or our licensors own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights“) associated with the Company Content and the Service, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Company Content in whole or in part except as expressly authorized by us."
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
The entire repository (https://github.com/OpenBeta/climbing-data) should be removed as entire contents of a repository were scraped from https://www.mountainproject.com/, in violation of the copyrights of Adventure Projects, Inc. and are being redistributed via github at https://github.com/chrisgian/climbing-data, and claiming it to be under CC share-alike which it is not. We are seeking expedited removal as the entire repository is in violation.
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. There is one fork (thus far) to the infringing repository that should also be removed at: https://github.com/chrisgian/climbing-data.
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?
The best and only solution is removal. This is not only a violation of the rights of Adventure Projects, Inc. but a violation of the entire network of contributors providing content within the license found at: https://www.adventureprojects.net/ap-terms.
Do you have the alleged infringer’s contact information? If so, please provide it.
[private]; [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.
[private]; [private]
Please type your full legal name below to sign this request.
[private]