5.8 KiB
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).
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?
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 am the [private] and [private] to the app "Cork". Code is available in this repository: https://github.com/buresdv/Cork?tab=readme-ov-file#license
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.
[private] repository https://github.com/buresdv/Cork includes the code for my app called Cork. This app is available pre-compiled for 25€ through its website (https://corkmac.app). In order to allow legal access to individuals who do not have the means to buy the pre-compiled binaries, I have made the code available under licensing restrictions, described in the "Licensing" section:https://github.com/buresdv/Cork?tab=readme-ov-file#license. These include, namely: "Moreover, you can’t distribute compiled versions of Cork without consulting me first. Compiling versions for your personal use is fine."
The license allows users to compile the app for their personal use only.
A repository infringes on the license by distributing pre-compiled binaries, which can be used without a purchased license, without my permission.
I have asked the infringing party to take down the repository before I issued this notice, which they refused:
[private]
I have read and understand GitHub's Guide to Filing a DMCA Notice. 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.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/EraserCN/CorkFree
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?
A licensing system is in place, through which:
a) If the user bought the app, the app validates the email used for buying the app through the website, https://corkmac.app. If the email cannot be validated, the app cannot be used. Moreover, there's a time-limited demo version, after which the app cannot be used until a license is bought
b) If the user compiled the app themselves following the compilation instructions, the app will work for them for an unlimited time, as long as the app is compiled by them
Pre-compiled versions are also available through the "Versions" section of the Cork repository, but these versions have the licensing system active, therefore a license is needed to use the versions downloaded from GitHub. Moreover, the app is available through [private], a [private] which only I can push to ([private]) and a public Homebrew tap which, again, only a select number of people have write access to ([private]). Likewise, these channels only distribute the versions which have the licensing system active.
How is the accused project designed to circumvent your technological protection measures?
The project distributes pre-compiled versions of the app, in which the licensing system is disabled
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.
Yes, the infringing repository does not have any forks
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.
GitHub account: https://github.com/EraserCN
[private]: [private]
I do not have any other contact information.
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.
Telephone Number: [private]
Address:
[private]
[private]
Please type your full legal name below to sign this request.
[private]