dmca/2023/01/2023-01-11-amasty.md
2023-01-12 22:26:29 +00:00

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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).


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.


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

Yes, I am authorized to act on the copyright owner's behalf.

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.

Softonomika LLC is the exclusive rights holder of all products that are distributed under the Amasty trademark via the official website https://amasty.com/ or Adobe Magento marketplace https://marketplace.magento.com/partner/Amasty.
I am [private] acting as Amasty [private].

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.

All projects listed below contain Amasty products that are distributed under https://amasty.com/terms-and-conditions.html. The presence of the code in listed public repositories violates chapter 14 of an agreement between the client and Amasty (Softonomica LLC) https://amasty.com/terms-and-conditions.html as the purchase of the license doesn't give to the client the right to distribute it. Shared code is a property of Amasty (Softonomica LLC) and should be removed from publicly available git repositories.

Ownership could be easily checked as evert php file contains our copyright:
[private]
here is an example https://github.com/lysomuch/local.store.fr/blob/master/app/code/Amasty/Feed/Model/Category.php

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

https://github.com/lysomuch/local.store.fr/tree/master/app/code/Amasty
https://github.com/orcab/magento/tree/master/src/app/code/Amasty
3e0fe6fb84/app/code/Amasty
29052ce465/app/code/Amasty
fe04f21354/app_bckp_Jan4/code/Amasty
24833ca0cd/softstarshoe/Amasty_ShopbySeo/app/code/Amasty
24833ca0cd/melfred/Amasty
beadfef390/app/code/Amasty
8832374196/app/code/Amasty
bd7feaeb06/app/code/Amasty
4c46697c04/vendor/amasty
a24e1a2fee/app/code/Amasty
41d4ec72fa/code/Amasty
f0aec11589/app/code/Amasty
4cca2db777/app/code/Amasty
eb2ee30a29/app/code/Amasty
e565a129c5/weko/app/code/Amasty
cdfb6c1433/app/code/Amasty
1dec3da657/www/public/magento2/app/code/Amasty
c7195870ab/app/code/Amasty
b4fb7a7253/app/code/Amasty
9c50efbb3f/app/code/Amasty
daa33c6536/app/code/Amasty
8b8aaa9a8e/app/code/Amasty
1da4cdfd05/app/code/Amasty
3238c76d98/app/code/Amasty
6df93da8bf/app/code/Amasty
b18af1f312/app/code/Amasty
e62c7190ec/app/code/Amasty
a06557251e/app/code/Amasty
ebc6e3641e/app/code/Amasty
de9afe58a4/myborosil/app/code/Amasty
cc073ff776/pmj_internal/code/code/Amasty
6b4e22ebfe/app/code/Amasty
91505452a4/app/code/Amasty
ec1778c07e/app/code/Amasty
0e2028cb57/app/code/Amasty
ebb8f83891/app/code/Amasty
cd650fadf8/app/code/Amasty
600f96b94f/src/app/code/Amasty
600f96b94f/src/app/code/Amasty
ec84210eb7/src/app/code/Amasty
fb892fdf8c/Amasty
5c40e31f30/app/code/Amasty
90202a7deb/mag2/app/code/Amasty
8a88dce313/code/Amasty
abe61b866c/vendor/amasty 0fef0c5259/app/code/Amasty
9d9d18e704/code/Amasty
c8d7e64c80/app/code/Amasty

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?

Access is provided via archive in the user cabinet after authorization using google auth or email\password pair or via composer using the key, which is unique for each customer and available in the user cabinet after authorization.

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

As our product is a code we are not able to control how many copies the user has created and into what repositories it was included.

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.

I used this query to define all repositories with infringements
[private]

Is the work licensed under an open source license?

No

What would be the best solution for the alleged infringement?

Repository can be made private

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

no, i do not have their contacts as i am not able to align git user and our client

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]