7.1 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.
I, [private], certify under penalty of perjury, that I am an agent authorized to act on behalf of the owner HashiCorp, Inc. ("HashiCorp") of certain intellectual property rights.
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.
HashiCorp is the maker of Terraform, an infrastructure as code software tool that allows users to manage environments with a configuration language called the HashiCorp Configuration Language (HCL) for human-readable, automated deployments. Terraform's repository is located at: https://github.com/hashicorp/terraform. At least five of the files located on that repository have been infringed: (1) https://github.com/opentofu/opentofu/blob/main/internal/refactoring/remove_statement.go, (2) https://github.com/opentofu/opentofu/blob/main/internal/configs/removed.go, (3) https://github.com/opentofu/opentofu/blob/main/internal/configs/removed_test.go, (4), https://github.com/opentofu/opentofu/blob/main/internal/configs/removed_test.go, and (5) https://github.com/opentofu/opentofu/blob/main/internal/addrs/remove_endpoint_test.go. These files, first published in November of 2023, are subject to HashiCorp's Business Software License ("BSL"), which provides, among other terms, that (1) all copies of the Licensed Work (as defined in BSL) and derivative works of the Licensed Work, are subject to the BSL, (2) the licensee must conspicuously display this License on each original or modified copy of the Licensed Work, and (3) any use of the Licensed Work in violation of the license will automatically terminate your rights under this License for the current and all other versions of the Licensed Work.
HashiCorp's Terraform was forked by the OpenTofu project in late August of 2023, after HashiCorp announced in early August of 2023 that would distribute Terraform under BSL going forward. The Terraform files identified above have been infringed by OpenTofu, which has published the following files that include code that is the same as and/or slightly modified from the original corresponding Terraform Files. Each of the following Open Tofu's files contain substantial overlap with the code and comments contained in the original Terraform Files: (1) https://github.com/opentofu/opentofu/blob/main/internal/refactoring/remove_statement.go, (2) https://github.com/opentofu/opentofu/blob/main/internal/configs/removed.go, (3) https://github.com/opentofu/opentofu/blob/main/internal/configs/removed_test.go, (4) https://github.com/opentofu/opentofu/blob/main/internal/configs/removed_test.go, and (5) https://github.com/opentofu/opentofu/blob/main/internal/addrs/remove_endpoint_test.go. While the referenced OpenTofu Files include some new code, much of their contents comprise HashiCorp BSL code in its original unmodified form, as well as sections where OpenTofu has made minor modifications to the original HashiCorp code such as altering the names of packages and variables, and revising explanatory comments. Notably, OpenTofu has removed HashiCorp’s BSL license designation and replaced it with an MPL license designation, in violation of BSL. As derivative works of the Terraform Files, the OpenTofu Files are required to be governed by the BSL. Redistribution under MPL is not authorized by HashiCorp.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
(1) https://github.com/opentofu/opentofu/blob/main/internal/refactoring/remove_statement.go, (2) https://github.com/opentofu/opentofu/blob/main/internal/configs/removed.go, (3) https://github.com/opentofu/opentofu/blob/main/internal/configs/removed_test.go, (4) https://github.com/opentofu/opentofu/blob/main/internal/configs/removed_test.go, and (5) https://github.com/opentofu/opentofu/blob/main/internal/addrs/remove_endpoint_test.go
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.
[private]
[private], [private], [private].
[private], [private]
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Email: [private]
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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]
Please type your full legal name below to sign this request.
[private]