dmca/2023/06/2023-06-19-filetransformer.md
2023-06-26 17:39:41 +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.


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.

A project named FileTransformer that I and published on GitHub under the GPL v3.0 license a few years ago: https://github.com/MichaelYochpaz/FileTransformer

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 user "kntjsprr" made a copy of my "FileTransformer" project, made a few minor modifications (mainly interacting with it with CLI instead of a GI interface), and re-released it with a new name and no credit.
The code is a complete copy of mine, besides a few small modifications.

The main code file on my project:

https://github.com/MichaelYochpaz/FileTransformer/blob/main/FileTransformer/FileTransformer.cs

The main code file on his (which you can see is almost the same):

https://github.com/kntjsprr/Citadel/blob/main/CitadelMain.cs

His README file (https://github.com/kntjsprr/Citadel) also includes an image describing the file format that I made and included in my project's README (https://github.com/MichaelYochpaz/FileTransformer).

He asked me to help him resolve an issue on my own repository 5 days before opening his "project" (this is just an additional proof):
[private]

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

https://github.com/kntjsprr/Citadel

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.

No

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.

There seem to be no forks.

Is the work licensed under an open source license?

Yes

Which license?

GPL v3.0

How do you believe the license is being violated?

GPL v3.0 states under "Conveying Modified Source Versions" that "a) The work must carry prominent notices stating that you modified it, and giving a relevant date.", which this user didn't.

There is no mention of the original source (mine).

What changes can be made to bring the project into compliance with the license? For example, adding attribution, adding a license, making the repository private.

Adding a disclaimer on his project's README, and on source files that use my code, that state that the code is a modification of my project, with a link to it. Making it private / removing it are alternative solutions.

What would be the best solution for the alleged infringement?

Any of the aforementioned solutions are fine by me.

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

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]

I prefer email though, if possible:
[private]

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

[private]