dmca/2024/06/2024-06-06-source-code-3.md
2024-06-13 19:32:40 +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?

Yes

Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.

2818730

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 have read and understand GitHub's Guide to Filing a DMCA Notice.

I am the [private] and [private] of the code, the code is part of a bigger project and is only the frontend part but it is a one for one copy of [private] work. The code in the cloned repository is a flagrant and shameless copy/paste of [private] original work and is in direct contradiction to the license [private] set for that code. Moreover the user who created the repository is actively advertising it for commercial purposes.

Additionally requested information by GithubSupport:

As advised i'm replying to the claims insinuating that the original work is licensed under the open-source license, this is not true though, the original work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International Public License and is an open-access license but by no means it is open-source. You can find the license at https://github.com/Zer0-bit/gaggiuino?tab=License-1-ov-file#readme The repositories i'm submitting a DMCA request about are not in compliance because they are engaged into private commercialization of the code as part of a private [private] group as well as you can find proof of this by going to the store link engaged in the said commercialisation https://www.matter-replicator.com/product/4-3-inch-display-upgrade/

This is all against the license and the user has not wanted to comply wiht [private] polite requests to obey it. Moreover the projects don't even mention the code is a blatant copy of [private] original work, you can even find a fork of [private] original code repository in the user's account [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 original work comprises of a file that is written in the Nextion IDE using the Nextion Framework, it serves as the frontend on an embedded system and is a part of [private] project, namely Gaggiuino.
Link to the original work: https://github.com/Zer0-bit/gaggiuino/tree/release/stm32-blackpill/lcd-hmi

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

https://github.com/SteveNofs/Gaggiuino_35

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.

https://github.com/Giblit/Gaggiuino_35
https://github.com/maxwell/Gaggiuino_35

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 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]