dmca/2022/05/2022-05-02-flapwmbpt.md
2022-05-02 23:30:19 +00:00

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To Whom it may concern:

Dear Sir/Madam,

This complaint is a request that the website https://github.com/Comscope/FlapwMBPT should be taken down. The website was created 1-2 months ago by [private] (e-mail: [private]) and [private] (e-mail: [private]).

The code FlapwMBPT has been developed by [private] ([private], email: [private]) since [private], i.e. for [private]. Therefore I am the copyright owner of the code since [private]. At the very least, I am the copyright owner of the source files which were developed before my BNL (Brookhaven National Lab) employment which started in [private]. The files developed before [private] represent vast majority of all source files (more than 90%).

The creators of the above website are trying to represent my code FlapwMBPT without even asking my permission for that.

The reasons for my request to take down the website, therefore, are the following:

  • The creators of the website ([private], e-mail: [private] and [private], e-mail: [private]) are not the authors of the code FlapwMBPT which they are trying to represent on this website. In fact, they did not contribute a single line to this code.

  • [private] and [private] created this website without permission of the author of the FlapwMBPT code (i.e. [private]) and without even notifying the author about their intentions.

  • [private] and [private] are seriously misrepresenting the FlapwMBPT code. Their website is nothing else but a collection of files copied (I suppose) from my personal github ([private]) at different periods of time. As I was specifying it on my github at the corresponding times, the files were representing ongoing developing of the code. I was warning the potential users, that the files do not represent an official version of the code and any use of them should be consulted with the author, i.e. [private]. [private] and [private], however, call all such copies of files from my personal github as “officially released versions” which is an outrageous statement.

  • The vast majority of the content (source files) of the fake website corresponds to my work during the period [private], which is prior to [private] BNL employment which began in [private]. Therefore, [private] and [private] have no any right to upload my [private] of work at their convenience and without even asking my permission.

  • [private]s and [private]s style of actions is well represented by their stealthily inserting the copyright notice “FlapwMBPT, Copyright © 2017, Brookhaven National Laboratory” and similar stealthy insertion of the “license.txt”. By this action, [private] and [private] are trying to become the owners of the whole code. To insert these two little files, it takes a few moments. However, I spent [private] ([private]), i.e. [private] of hard work, to create the FlapwMBPT code.

  • [private] and [private] are stating that: “Changes to FlapwMBPT itself have been made by [private], [private], [private], and [private].” However, there is no a single line of the code FlapwMBPT which they uploaded on their fake website which was implemented by [private] or by [private] or by [private] or by [private]. Therefore, [private] and [private] are lying with this statement.

  • In their “How to cite” note, [private] and [private] recommend to cite the paper (CPC 219, 407 (2017) which covers only a very small (and not very essential) QSGW part of the FlapwMBPT code. Besides, this paper is just a short version of a lot more extended representation of scGW and QSGW parts which was done in PRB 85,155129 (2012). The second paper, which [private] and [private] recommend to cite, CPC 244, 277 (2019) deals with the interface of FlapwMBPT and QMC. This interface is not a part of the FlapwMBPT code and it is not represented in any way at their fake website. Therefore, their recommendation to cite the second paper is totally misleading to users and, in fact, just a political action to create an illusion that the people whom [private] wants to promote took part in the creation of the FlapwMBPT. [private] and [private] are ignoring the papers which really represent the FlapwMBPT code and which should be cited (instead of the ones you recommended): JPCM 15, 2607 (2003) DFT part; PRB 85, 155129 (2012) scGW and QSGW parts; PRB 95, 155101 (2016) vertex part.

  • [private] and [private] didnt even upload the files properly. For instance, the src directory says (03/15/2022): “Sorry, we had to truncate this directory to 1,000 files. 458 entries were omitted from the list.” Which means, [private] and [private] were in such a hurry that you left 1/3 of the code behind.

Based on the above, I ask Github to take down the website https://github.com/Comscope/FlapwMBPT

This request is based on the fact that the infringement is mostly done on the source files which represent far the biggest part of the content of the website. As specified above, there are also a few wrongful statements on the website (besides the source files).

I asked [private] to take the website down about one month ago and received no response from [private].

I also tried to raise “an issue about inappropriate creation of the website” on their website which, however, was blocked (together with my access to the website) by [private].

I have read and understand GitHub's Guide to Filing a DMCA Notice.

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.

[private],

Email: [private]; [private]

[private],

Brookhaven National Lab, Upton, NY

Cell phone: [private]

Mailing Address: [private]