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dmca-sync-bot 3e508179a2 Process DMCA request

2023-03-14 20:22:08 +00:00

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

contacted the owners of some or all of the affected repositories to give them an opportunity to make changes.
provided information on how to submit a DMCA Counter Notice.

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 the copyright holder.

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

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.

I am the [private] and owner of the copyright material.

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.

On [private], GitHub user sumitKcs ( https://github.com/sumitKcs ) forked 2 of my repos, neither of which have licenses:

https://github.com/emjose/mousetrail-space
https://github.com/emjose/heart-animation

• The READMEs of these repos contain custom-designed image files in png format.
• The image files are the visual, gradient headers and project titles of the READMEs.
• [private] the images in Photoshop in [private], and I established copyright status in the metadata settings of the images.
• GitHub user sumitKcs is using my images in the following repos and READMEs:

https://github.com/sumitKcs/spectrum-animation
https://github.com/sumitKcs/heart-animation
https://github.com/sumitKcs/matrix-effect
https://github.com/sumitKcs/alarm-clock
https://github.com/sumitKcs/chatgpt-clone

• In sumitKcs's README Markdown files, the image URLs of the specified files are my Cloudinary.com image URLs.
• My repos are not licensed, and the images are being used without my permission.
• The images are being used without any attribution or acknowledgement.
• SumitKcs is promoting the projects and linking to the repo READMEs on his [private] and [private] accounts.
• [private]
• [private]
• In addition, sumitKcs has done little to change the wording of the original READMEs I wrote.

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

• Below are the urls of the image files that should be removed from sumitKcs's repos and READMEs.
• The images are hosted on [private] Cloudinary.com account. Cloudinary Account ID is [private]

• Some of the Cloudinary URLs have been updated, but sumitKcs is circumventing the deleted URLs by using the auto-generated "camo.githubusercontent" URLs of the images.

• Below are the camo.githubusercontent URLs of the images that should be removed from sumitKcs's repos and READMEs:

[invalid]

• Commit history of sumitKcs using the [invalid] URL of one of my images: 4078264324

• My images listed above appear in the following repos and READMEs of sumitKcs:

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.

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.

• Yes, I have searched the forks.
• SumitKcs forked my projects on [private]
• On [private], sumitKcs deleted his forks of my projects, but I took screenshots of the forks before he deleted them.
• I can provide screenshots if needed.

The Forks:
[invalid]
[invalid] (now deleted, but screenshot available)
• The new/renamed repo is https://github.com/sumitKcs/spectrum-animation

[invalid]
[invalid] (now deleted, but screenshot available)
• The new/renamed repo is https://github.com/sumitKcs/heart-animation

Is the work licensed under an open source license?

What would be the best solution for the alleged infringement?

Reported content must be removed

Do you have the alleged infringer’s contact information? If so, please provide it.

https://github.com/sumitKcs
[private]
[private]
[private]

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]

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

[private]

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