зеркало из https://github.com/github/dmca.git
80 строки
3.6 KiB
Markdown
80 строки
3.6 KiB
Markdown
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Dear Sir / Madam,
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I'm writing regarding a DMCA takedown of my repository
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https://github.com/kvitaly2005/lprobe reasons published here
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https://github.com/github/dmca/blob/master/2015-06-04-nProbe.md
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I have read and understand GitHub's Guide to Filing a DMCA Counter Notice.
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I swear, under penalty of perjury, that I have a good-faith belief that the
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material was removed or disabled as a result of a mistake or
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misidentification of the material to be removed or disabled.
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In short: This code I published in the lProbe repository is a legally
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obtained source code of the nProbe 6 software which was distributed by the
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author, Luca Deri under the GPLv2 license and therefore, I now have well
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known rights (GPL 1,2) granted to distribute the source code of application
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under the same license while preserving the copyright, that I did. There is
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no GPL violations at my part, so my freedom to distribute and modify the
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software are in place.
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However, author is intentionally misinterpreting and hiding this fact in
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his communications because of commercial profit he want to get from the new
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version nProbe 7 that he is now selling at his site.
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I'm aware of another similar fraudulent take down author filed to github in
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2014 - https://github.com/github/dmca/blob/master/2014-12-23-nProbe.md
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I have the following evidences that at the time of purchase nprobe 6 (April
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7, 2014) software was provided to me under GPLv2 license granting the users
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with all stated rights and freedoms
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1) I legaly bought this software and have transaction ID, paypal receipt
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and confirming email. (Order (id 1396860027) completed [Amount 99.95
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EUR][Transaction Id: 6SG00224BG595015G] mail with all headers see ev_1.txt)
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2) Author, Luca Deri is clearly stated on his own site that license of
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nprobe is GPLv2 in the time of purchase, see independent source here:
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http://web.archive.org/web/20140418232353/http://www.ntop.org/products/nprobe/
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in FAQ section:
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"Q: Is the nProbe™ source code available?"
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"A: Yes of course, it’s GPL."
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3) Binary file installation I get contains text of license and requre that
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I agree to it. While it is not technically correct, but it also a clear
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sign that author consciously choose GPL license for the software.
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[image: Inline image 1]
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[image: Inline image 2]
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The win32 executable I got after purchase you can run and see yourself:
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https://drive.google.com/file/d/0B7otJX4PM2NlbjRPMkFGdW1TZ3c/view?usp=sharing
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4) My request to the source code based on GPL freedoms was fulfilled and no
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other conditions was set in the conversation.
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(see ev4.txt)
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Again, according to the copyleft license author does not have rights to
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forbid me to distribute a legaly obtained GPL code fork under non
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trademarked name while I did not remove any copyright and keep the license
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and so is complaint to the GPL.
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Therefore, while Luca Deri, as an author can set any license on
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distribution of nProbe 7and future versions, as the use of GPLed code is a
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matter of possible investigation in future, he can not revoke my freedom
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given by the GPL license of the nProbe 6 while the distribution of it is
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fully complaint to the GNU Public License.
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Based on all above I ask to re enable the content to restore my rights on
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the software "nprobe 6" given me by the author under GPLv2 license, which
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is confirmed by all the mentioned evidences.
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I consent to the jurisdiction of Federal District Court for the judicial
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district in which my address is located (if in the United States, otherwise
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the Northern District of California where GitHub is located), and I will
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accept service of process from the person who provided the DMCA
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notification or an agent of such person.
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Best regards,
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[private]
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