9.0 KiB
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 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.
Dear Sir or Madam,
I am contacting you on behalf of the Spanish Centre for Reproductive Rights ("CEDRO") and the publishing and newspaper companies it represents (the "Companies Represented by CEDRO"). The membership of CEDRO across its entire network of affiliated industries comprises 31,670 authors and publishers who create, manufacture, and distribute literary works, magazines, newspapers, and musical scores that are sold worldwide in Spanish.
The information contained in this notice is accurate and, under penalty of perjury, we express that GEDOSAL is authorized to act on behalf of the CEDRO Represented Companies in matters related to the infringement of the exclusive rights that the CEDRO Represented Companies have over their publishing works, including the enforcement of their copyright and other legal rights on the Internet.
In accordance with Article 17 of the Digital Single Market Act of the European Union, it is established that information society service providers that store and give public access to large amounts of works or other services uploaded by their users shall take, in accordance with high industry guidelines, appropriate measures to ensure the functioning of the agreements concluded with rights holders for the use of their works or other services.
In accordance with this standard, we know that your service is making available, distributing, and/or referring/linking users to infringing copies of the publishing works listed below, the copyright of which is exclusively owned or controlled by one or more Companies represented by CEDRO.
We have included in the table below the URL of the locations where we have identified instances of making available, distributing, and/or referring/linking users to the CEDRO Represented Companies' Publishing works on your service.
We believe in good faith that the activity described above is not authorized by the copyright owner, its agent, or the law.
In accordance with the provisions of Article 17 of the aforementioned law, we are requesting your immediate assistance to stop this unauthorized activity. We ask you to take steps to cease making available, distributing, and/or referring/linking users to infringing copies of the publishing works of the CEDRO Represented Companies on your service. This action should include, as appropriate:
• Deleting all copies from your service's servers; and
• Deleting and/or disabling all URLs;
The required action must be taken not only in relation to the URLs/locations indicated in the notice, but in relation to all instances of making available, distributing, and/or referring/linking users to infringing copies of the publishing works of the CEDRO Represented Companies on your service.
In addition, we ask that you take reasonable measures to prevent further instances of making available, distributing, and/or referring/linking users to infringing copies of the publishing works of the CEDRO Represented Companies on your service.
Our primary priority is to prevent the ongoing availability of content from the CEDRO Represented Companies on the Internet. Unauthorized copies of publishing works that are freely available, especially recently published works, cause substantial harm to the CEDRO Represented Companies every hour and day they remain available. By sending this notice, we provide you with specific knowledge of the unauthorized activity detailed above and seek to ensure that the infringing content is removed from the Internet as quickly as possible through your cooperation. However, please note that we do not admit that we or the CEDRO Represented Companies are responsible for detecting infringing material and notifying you of it.
Our use of a notice in this form, as required by you, is intended to facilitate your removal of the infringing material mentioned above, and we do not admit or accept that you are a "service provider" for the purposes of the United States' Digital Millennium Copyright Act (DMCA), or any similar legislation in another jurisdiction, or that it is necessary to notify, or that you are entitled to receive such notification. CEDRO itself and on behalf of the CEDRO Represented Companies expressly reserves all rights in this regard.
In addition, this notice does not constitute a waiver of any right to recover damages incurred under the unauthorized activities described in this notice, and such rights, as well as claims for other remedies under the laws of the United States or any applicable legislation in any other jurisdiction, are expressly reserved. You can find our authorization file.
Additionally, it is also noted that in the event of non-compliance with this request, we are empowered to file a complaint with the Intellectual Property Commission, Second Section, Administrative Body of the Ministry of Culture, which could adopt the measures and decisions provided for in the aforementioned article 195.
The current Spanish Intellectual Property Law establishes that repeated non-compliance with the resolutions of the Second Section of the Intellectual Property Commission or the repeated resumption of illicit activity constitutes a very serious administrative infraction sanctioned with a fine of up to 150,001 to 600,000 euros by the Ministry of Culture.
You can find our authorization letter at [private].
You can contact me at GEDOSAL [private] or at the email address [private] to discuss this notice.
We await your response.
Yours faithfully,
[private]
[private]
[private]
[private]
[private]
[private]
[private]
Email: [private]
Tel: [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.
The repository is making available the book La sangre de los Inocentes written by [private] as well as many other titles, infringing the copyrights of the owner.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
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.
No
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.
No, I don´t have 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]
[private]
[private]
[private]
[private]
[private]
[private]
Email: [private]
Tel: [private]
Please type your full legal name below to sign this request.
[private]