dmca/2024/02/2024-02-22-fonticons-npm.md
2024-02-22 15:35:09 +00:00

5.9 KiB
Raw Permalink Blame History

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).


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.


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 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?

Both

Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.

I am the [private] for Fonticons Inc., the company that makes the product Font Awesome. We are the sole owners of the product.
I have read and understand GitHub's Guide to Filing a DMCA Notice. Normally I would attempt to contact the person serving our content for free, but they haven't provided contact information.

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 work being infringed is our Font Awesome Pro product. Our license information is available here: https://fontawesome.com/license.
Our primary repository holding the same information is located here: [private] and here: https://github.com/FortAwesome/Font-Awesome. The Pro features are not made available for free.

The offending repository is here: https://github.com/AmulGandhiCoding/FontAwesome. You will notice that they didn't change our license information. I can attest that AmulGandhiCoding is not an authorized member, user, or reseller of Font Awesome. They have also made the Pro product available via npmjs: https://www.npmjs.com/package/fontawesome-6-pro.

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

The entire repo with the exception of the README.md are in violation and so the whole repo should be removed: https://github.com/AmulGandhiCoding/FontAwesome

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?

Our copyrighted material is only made available via our website once a user has created a paid account. Additionally, they can download our content from other hosting repos using security keys that are generated via our website.

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

They are making items which would be protected by username and password or a token system available for free on GitHub and npmjs.com

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 have searched for other forks. The counter indicates that there are 2 but when I've tried to get other information it doesn't show anything under the forks. Not sure if that indicates that the forks are private and unsearchable. They would almost certainly also be violations of DMCA.

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.

I do not other contact information beyond what is on their GitHub page.

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]