dmca/2023/01/2023-01-12-gravity-zero.md
2023-01-17 19:30:21 +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).


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.

The intellectual property is computer code owned by Gravity Zero Ltd (Registered in Northern Ireland, UK, Company Number: #NI667095). I am the [private] and [private] of this company.

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 code is for a commercial SaaS boilerplate, costing $895. It is now publicly available on Github for free, potentially causing damages and a loss of revenue. It also presents a security risk for all our customers using the boilerplate to provide authentication and payments. The license does not permit the redistribution of the code.

This may possibly be related to the DMCA request I submitted yesterday (#1961525). The repo reported yesterday has been removed from public view, and this one has appeared today. I can't confirm for sure if this is the case.

https://usegravity.app
https://usegravity.app/license

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

https://github.com/facgsd/hvac-app

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?

Customers make an upfront payment with [private] to access a private GitHub repository with read-only access and forking disabled. Once they have paid, they can view and download the code for use in their projects.

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

There is no evidence of this user purchasing the product. We record all paying customers' Github usernames in a database, and there is no record of this username or the person's real name. The code may have been obtained illegally and is now distributed on Github for free to circumvent our payment system.

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 identified.

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.

No, there is no record of this person in our database.

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]