dmca/2021/10/2021-10-14-nds-forwarder.md
2021-10-18 18:41:21 +00:00

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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.

I [private] the software and [private] the copyright to the software.

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.

https://github.com/MechanicalDragon0687/NDSForwarder

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

https://github.com/LopezTutoriales/NDSForwarder-Spanish

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 the only fork that has violated the copyright.

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 All Rights Reserved and is not released under an open source license. The infringing binaries violate the all rights reserved copyright and are not protected under GitHub's right to fork provision. Forks themselves are protected under GitHub agreements but the right to create derivative works and distribute derivative works violates my copyright.

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 only viable solution would be removal of the compiled binaries and ceasing distribution of the derivative work. The distribution of derivative works violates my copyrights and is not protected by the right to view and fork the source code. Distributing binaries based on older tags/commits cause issues for users downloading the derivative and creates an undue burden on me to support users of outdated software. The purpose of this specific derivative work is to translate the app; provisions have been made to allow translations without violating the copyright.

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

No.

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]