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dmca-sync-bot c363d0eb0d Process DMCA request

2024-06-25 20:12:04 +00:00

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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 the copyright holder.

Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?

Yes

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.

[private] of https://github.com/ChefKissInc.

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.

Distribution of binary builds from https://github.com/ChefKissInc/NootedRed and https://github.com/ChefKissInc/NootRX without explicit permission or at least respecting the terms of the license, of which contain using the same Thou Shall Not Profit version 1.5 license and retaining the copyright notice (just a credit all the way at the bottom of the README is insufficient). See releases tab of the infringing repository, sample path: RapidEFI-v2.2.0.app/Contents/Frameworks/App.framework/Versions/A/Resources/flutter_assets/assets/kexts/NootedRed.kext.zip).

The provisions violated are clause 15, which is violated due to not following 1.c.

This is because the repository and the software distributed in releases are not licensed under the same Thou Shalt Not Profit license and do not contain a copyright notice either. It is also not known if the source code used in the software for distribution of the kexts is the original or malicious due to no source code being distributed for the software itself or the kexts that are being distributed along with it.

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

https://github.com/JeoJay127/RapidEFI-Tool

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.

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.

Is the work licensed under an open source license?

What would be the best solution for the alleged infringement?

I would prefer if the offending repositories were removed as the software distributed also allow users to generate an OpenCore EFI (it's for the act of hackintoshing; installing macOS on a normal PC) that is of lower quality, and due to the low quality of the configuration the users encounter many issues and are afterwards asking for help with it on our own [private] group chat which is wasting both the user's and our own time. It's for the sake of the users.

Alternatively the current and old versions of the software must be removed at the very least and the license for the kexts distributed from us along with a copyright notice must be distributed in a human-readable text format along with the software, and also three pop-ups in the software: one with the license of the kexts if they are to be used, another that the binaries distributed with the software are not necessarily official builds and there is no guarantee of being free of malicious code, and lastly one that we are not affiliated with this software and therefore any and all issues encountered while using the software or using the EFI generated using it are issues to be discussed with the project author and not us. The software must also be licensed under the same license, which will also cause clause 3 to be in effect, requiring the source code of the application that generates the EFI itself must be distributed as well.

Do you have the alleged infringer’s contact information? If so, please provide it.

No.

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] but I would prefer textual communication via my [private] account: [private]

Do not share my personal information, please.

Please type your full legal name below to sign this request.

[private]

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