dmca/2022/07/2022-07-08-polytechnic-university-of-madrid.md
2022-07-11 21:35:42 +00:00

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Before disabling any content in relation to this takedown notice, GitHub

To learn about when and why GitHub may process some notices this way, please visit our README.


While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s).


Are you the copyright holder or authorized to act on the copyright owner's behalf?

Yes, I am the copyright holder.

Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?

No

Does your claim involve content on GitHub or npm.js?

GitHub

Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.

My name is [private] ([private]) [private] at Polytechnic University of Madrid.
[private] produce practical assignments for [private] students under a custom LICENSE. [private] the [private] copyright holder of all the documentation given to the students.


All sources should include at the beginning the following statement:
(Here translated to english for your convenience)
/*-

  • Xxxx.c
  • Xxxx xxx xxx
  • Xxxx xxx xxx xxx.
  • Copyright (c) 1993-2002-2019, [private]
  • All rights reserved.
  • Released under Practical Educational Project License
  • http://laurel.datsi.fi.upm.es/~ssoo/LICENCIA/LPEP.en
  • Is it prohibited the total or partial diffusion by any mean
  • of the material delivered to the student for the realization
  • of this project or any material derived from it,
  • including the particular solution developed by the student.
  • DO NOT MODIFY ANYTHING OVER THIS LINE
  • THIS FILE IS TO BE MODIFIED
    */

The text of the refereed license is:
(Here translated to english for your convenience)
Practical Educational Project License (LPEP).

Objective: TO preserve the educational usefulness of certain practical works proposed to students and protect the investment and effort dedicated to their preparation by teachers, avoiding the total or partial dissemination of the solution given by the students to them, maintaining the authorship and intellectual property over them.

Applicability: This License is applicable to fully teacher-designed projects, where the student need only complete the provided implementation for the design requirements to be satisfied. The student in no case can be considered the sole author of the solution, in any case partial co-author, and cannot be considered the holder of the sole intellectual property over it.
This License is not applicable to proposals for works or projects with free content or format, of whose execution the students are logically the sole authors and therefore the holders of the intellectual property. It is not intended in any way to violate this recognized right.

Ownership: The sole intellectual author of this Practical Educational Project is the teacher. Of the original idea, the subsequent design of the project, its statement based on functional requirements specification, the automatic correction system used for its evaluation and each of the tests associated with it, as well as the support software that It is given to the students as a starting point, guideline or support for the realization of the project.
Rights: The author reserves all rights. By making the material associated with the project available to the student, the teacher does not waive in any way the intellectual property of his/her work, nor does it become free or in the public domain. Quite the contrary, the teacher allows the student to carry out the project (whose solution will be considered a collaborative work) since this is precisely the ultimate educational objective for which it was created, but he expressly reserves all rights to his work, the realization of any other work derived from it is prohibited, and the redistribution, disclosure, publication, sharing or transfer, totaly or partialy by any means of any material delivered or derived from it is expressly prohibited, and especially the solution given by the student (which, being considered a collaborative work, requires the consent of all co-authors), given that its dissemination undermines the educational usefulness of this Practical Educational Project as it is an act of necessary cooperation in subsequent cases of plagiarism.

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 original work is a practical assignment [private] to [private] students as a part of the subject (Operating Systems) [private] at the Polytechnic University of Madrid.
The original sources are NOT online for the general public, but only for the enrolled students. The related URLs are:

  • URL to the assignment document, private access only: [private]
  • URL to the sources, private access only: [private] You can verify [private] the [private].
    As I say, most of that URL are not public accessible but only for private access of the enrolled students, to prevent as much as possible the dissemination of that information.

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

https://github.com/software-dev-king/Linux/tree/main/minishell
https://github.com/SergioHS7/Practica-Minishell

Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our Complaints about Anti-Circumvention Technology if you are unsure.

Yes

What technological measures do you have in place and how do they effectively control access to your copyrighted material?

All the given documentation an initial sources are at University information systems (https control accessed pages and Moodle) just for students authenticated as so.

How is the accused project designed to circumvent your technological protection measures?

The user has removed the original LICENSE file, or have changed it by a totally different one of its own.
Same about the [private], [private], [private], especificaly removed from main.c file without authorization.
All of it is a direct violation of the original Copyright an LICENSE (translated for your convenience two paragraphs above) which explicitly prohibits "the total or partial diffusion by any mean of the material delivered to the student for the realization of this project or any material derived from it, including the particular solution developed by the student".

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.

Is the work licensed under an open source license?

No

What would be the best solution for the alleged infringement?

Reported content must be removed

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

Sorry I can not resolve the identity behind the aliases.

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]
[private]
[private]
[private]
[private]
[private]

Please type your full legal name below to sign this request.

[private]