7.3 KiB
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.
I, [private], is the [private] of [private], LLC.
The software is proprietary software for [private], LLC, which I ([private]) am the [private] of. [private] is a software consulting company based in Michigan. 3DevBusiness812 (GitHub user) was a (now former) [private] for me. I gave him tasks to work on, and I compensated him for completing the tasks. The code does not belong to 3DevBusiness812. The code was to remain proprietary and not open sourced at all. 3DevBusiness812 was prohibited to open souring any of the code.
3DevBusiness812 was simply a software [private] for [private], LLC.
3DevBusiness812 is no longer contracted with [private], LLC, due to very unethical practices. 3DevBusiness812 emailed me demanding extra money from me, or else he will open source all of the projects I gave him. I have paid 3DevBusiness812 already for completing his work (and I have the receipts to prove this). However 3DevBusiness812 is demanding extra money from me, and he told me in an email that he will open source the code if he doesn't receive payment.
3DevBusiness812 downloaded the code and uploaded it to his own private repo, which I never gave him permission to do. Then 3DevBusiness812 sent me an email saying that he will post the code on GitHub if I don't pay him additional money. I refused to pay 3DevBusiness812 for his unethical practices of demanding money like this, since the work was already done and he already was compensated for the work that was already completed. Then 3DevBusiness812 made those private repos public.
Now I am asking GitHub to please remove the repos that he was NOT authorized to publish on his GitHub page.
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.
These repos need to be taken down:
https://github.com/3DevBusiness812/Sidechain
https://github.com/3DevBusiness812/OneClick_Loyalty
https://github.com/3DevBusiness812/ShipmentApp
https://github.com/3DevBusiness812/mara-federation-management
They were originally on my personal and private server. 3DevBusiness812 downloaded the repos from my private server and uploaded them to GitHub. Then 3DevBusiness812 is acting unethical by demanding additional payment from me to make the repos private.
The 4 repos DO NOT belong to 3DevBusiness812. They belong to [private], LLC. They are property of [private], LLC.
For example, under Licenses for "ShipmentApp" you can see that it says [private] (3DevBusiness812 spelled my name wrong).
I can screenshot the email and Google Chat where 3DevBusiness812 demanded additional payment or else he would make all repos that we worked on together public.
[private], LLC and [private], nor any other parties have never authorized 3DevBusiness812 or any other party to copy or publish our source code.
Consequently, the reported contents constitutes copyright infringement.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/3DevBusiness812/Sidechain
https://github.com/3DevBusiness812/OneClick_Loyalty
https://github.com/3DevBusiness812/ShipmentApp
https://github.com/3DevBusiness812/mara-federation-management
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?
3DevBusiness812 was added as a user on my server to access private repos on my private server. When we no longer worked together, I removed 3DevBusiness812 access to the private server. Not anybody can access the private server. I made him a user, and I gave him access to this server. The public is not intended to see this server. The code in this server is proprietary and belong to [private], LLC.
However, 3DevBusiness812 downloaded all of the repos and sent them to himself (which is prohibited in our agreement), and then demanded additional payment to make the repos private.
How is the accused project designed to circumvent your technological protection measures?
3DevBusiness812 was a [private] to [private], LLC.
[private], LLC created a username and password for 3DevBusiness812 to access my private servers. However, 3DevBusiness812 zipped up the files and sent them to himself, and then uploaded the code on GitHub. You can see this because there are only 1 commits on the code, instead of a bunch of commits in the code.
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 did not find any forks.
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 infringer’s contact information? If so, please provide it.
His GitHub: https://github.com/3DevBusiness812/
We communicated via email, Linkedin, and Google Chat:
Email addresses used: [private] and [private]
Google Chat: [private]
Linkedin: [private] (now removed), [private] and [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.
Telephone Number (Main): [private]
Telephone Number (Alternative): [private]
Main Physical Address: [private], [private], [private], [private]
[private] Registered Address: [private], [private], [private]
Please retract [private], [private], LLC, [private], and the contract information from this entire report. Thank you!
Please type your full legal name below to sign this request.
[private]