4.9 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.
My name is [private] and I am a software developer since 2010. I am [private] php-mods.eu since 2010 which was initially run from Lythix Web Solutions Ltd as a business entity. The website is currently run by TINOSHOST IKE business entity. I have read and understand GitHub's Guide to Filing a DMCA Notice.
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.
I am developming addon modules (freeware and payware) for people who are using phpVMS system. phpVMS is a Content Management system and it is posted here: https://github.com/phpvms/phpvms_v2 and here: https://github.com/DavidJClark/phpvms_5.5.x (there are two different versions). In 2012, I developed Pilot Awards System which is an addon module compatible with phpVMS. The product page of the module can be found here: https://php-mods.eu/phpvms.php?module=pilot-awards
That module was purchased by [private] [private] and paid through [private] on Oct 6, 2014 23:51:47 GMT+03:00 Transaction ID: [private]. The email address of the [private] account that the purchase was made was [private]. Since then, [private] keeps having access in PHP-Mods Billing System among with free module updates and support.
The user received the module package, made updates on the module's files (copyright notices) keeping the same design and uploaded it on GitHub. You can find a couple of repositories of freeware phpVMS modules of mine in my GitHub profile. For example here: https://github.com/phpmods/Rules_and_Regulations_by_phpmods The design of the copyright notice is exactly the same which the user has changed the details in addition to the module name.
In some of the files, the copyright notice has not been changed at all: https://github.com/Hurkulez/Pilot-Auto-Rewards/blob/master/php%20version/PilotAwardsInstallSql/install.php While a notice email keeps being sent to [private] for any new installations (lines 13-14-15-16-17 of the above mentioned file).
Also, there is a created by notice here: https://github.com/Hurkulez/Pilot-Auto-Rewards/blob/master/tpl%20version/admin/templates/award/award_sidebar.tpl
I am able to provide you even older or newer versions of that repository which should remain private.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
The repository that needs to be taken down on the whole is this one: https://github.com/Hurkulez/Pilot-Auto-Rewards
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.
No forks found.
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 work is not licensed under an open source license. The work is a payware module for a content management system and the publication of any part of it is not allowed according to my business's terms and conditions that can be found here: https://php-mods.eu/tos.php
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 whole repository has to be completely removed from github.
Do you have the alleged infringer’s contact information? If so, please provide it.
The available emails are [private] and [private]. Because of a system migration, there are not any personal details available since the client has not processed any further order into our billing system.
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.
My telephone number is +[private] and my physical address is [private], [private], [private], [private].
Please type your full legal name below to sign this request.
[private]