зеркало из https://github.com/github/dmca.git
Process DMCA request
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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).
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---
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**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
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Yes, I am the copyright holder.
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**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?**
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No
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**Does your claim involve content on GitHub or npm.js?**
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GitHub
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**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
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Owner
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**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.**
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They stole our software source code from our impact spoofer software and illegally leaked it on GitHub for everyone to download and use. Impact Spoofer software is paid & available on the internet: https://vmaximpactservices.com/vmax-hardware-spoofer/
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**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
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https://github.com/whorls/impact-spoofer-leak
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**Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice#complaints-about-anti-circumvention-technology">Complaints about Anti-Circumvention Technology</a> if you are unsure.**
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Yes
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**What technological measures do you have in place and how do they effectively control access to your copyrighted material?**
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VMAXIMPACTSERVICES User Agreement (https://vmaximpactservices.com/user-agreement/)
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g) "The program provided under the terms of this agreement is for your personal use only and is subject to a non-exclusive, revocable, non-transferable license to use the services. The User agrees not to sublicense, rent, loan, or in any way transfer the Program or Service. In addition, it will not change, adapt, reverse engineer, or obtain source code from the software; or not to use the Program or the Service except as expressly provided in this agreement. Legal action will be taken against individuals who are found to have committed the specified violations. The producers, publishers and managers of the program do not accept any responsibility for any damage, material or moral loss caused by the practices made to prevent unfair use. The producers of the program reserve the right to make the necessary changes in these applications."
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**How is the accused project designed to circumvent your technological protection measures?**
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The infringer has violated our user agreement which clearly states that the software code is not allowed to be obtained without permission.
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**<a href="https://docs.github.com/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork">Have you searched for any forks</a> 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.**
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Both "[private]" and "[private]" are stolen without my permission
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**Is the work licensed under an open source license?**
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Yes
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**Which license?**
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Copyright Certificate by [private] for Intellectual Property ([private]), with the issuance number: [private].
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**How do you believe the license is being violated?**
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I am requesting the removal of this repository because they stole [private] software source code without permission. In this specific repository, there are clear references to [private] software in both "[private]" and "[private]"
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**What changes can be made to bring the project into compliance with the license? For example, adding attribution, adding a license, making the repository private.**
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Please be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under copyright law a developer platform, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If developer platforms do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing materials from your servers with all due speed should the direct infringer, your client, not comply immediately.
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**What would be the best solution for the alleged infringement?**
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Reported content must be removed
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**Do you have the alleged infringer’s contact information? If so, please provide it.**
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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.**
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**I have taken <a href="https://www.lumendatabase.org/topics/22">fair use</a> into consideration.**
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**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.**
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**I have read and understand GitHub's <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.**
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**So that we can get back to you, please provide either your telephone number or physical address.**
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[private]
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[private] [private]
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**Please type your full legal name below to sign this request.**
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[private]
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