Process DMCA request

2021/05/2021-05-17-german-house-coordinates.md

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+**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
+
+Yes, I am authorized to act on the copyright owner's behalf.
+
+**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
+
+The Central Office for House Coordinates, Building Polygons and 3D Building Models (Zentrale Stelle Hauskoordinaten und Hausumringe - ZSHH), set up in the Bavarian Agency for Digitisation, High-Speed Internet and Surveying (LDBV), combines selected derived products on the basis of the real estate cadastre of the Surveying Authorities of the (German) Laender and provides these centrally for customers on behalf of the Laender for standard fee and licensing models as well as in standard data formats across the entire country.
+One of these derived products are the "Official House Coordinates of Germany" (HK-DE).  
+Every purchase and use of the HK-DE (Internal use, reselling, transfer of data in modified form (enrichment) in derived products or derived services with or witout the right of sublicensing) by a customer is only authorized on the basis of an individual Licence Agreement with LDBV as licensor or – in the case of federal authorties - on the basis of a Licence Agreement between the individual Laender and the federal government.  
+As defined in the General Terms and Conditions for the Provision and Use of Geospatial Data of the “Zentrale Stelle Hauskoordinaten und Hausumringe (ZSHH)” of the German Laender (Central Office for House Coordinates and Building Polygons), established at the Bavarian Agency for Digitisation, High-Speed Internet and Surveying:  
+The Licensor (LDBV) holds all rights of the geospatial data it provides. In particular, the Licensor holds copyrights to cartographic works, rights to aerial photographs and the rights as database producer according to the German Act on Copyright and Related Rights (Copyright Act, UrhG). Moreover, the geospatial data is subject to the provisions of the Law on State Survey and Cadastre. Any use of the geospatial data by revising, copying, digitising, transferring, publishing, presenting on the Internet or by other means beyond the conditions specified below shall only be permissible with the written approval of the Licensor. Violations shall be subject to fines pursuant to the LaenderLaws on Surveying and Cadastre and subject to penalties pursuant to articles 106 ff. of UrhG (Copyright Act).
+
+**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.**
+
+A detail data format description of the HK-DE can be downloaded here:  
+http://www.adv-online.de/AdV-Produkte/Standards-und-Produktblaetter/ZSHH/
+(first table, second row)  
+Sample data is also available using this link (first table, last but one row).
+
+**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
+
+[invalid]    
+This link is not active at the moment after we‘ve asked the user [private] by e-mail to take it down. A detailed comparison of the data availabale under this link and the oroginal HK-DE has proven, that the data available via GitHub corresponds to the HK-DE. In particular (but not only), the data includes objects, which are included in the HK-DE as "dummy-objects". These objects are fake objects, in order to detect unauthorized uses of the HK-DE.
+It is possible, that the user [private] will re-activate the link. Therefore the link should be deleted irreversible. Currently we are also about to take legal action against the user [private].
+
+**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.**
+
+The follwing forks are available at the moment. Alle these forks contain one to one copies oft the date in the original link "GermanHouseCoordinates" and infringe in the same way against the copyight rules of the HK-DE. They should all be irreversibly deleted:  
+https://github.com/LilithWittmann/GermanHouseCoordinates  
+https://github.com/DD-LDBV/GermanHouseCoordinates  
+https://github.com/FranziskaNord/GermanHouseCoordinates  
+https://github.com/jfilter/GermanHouseCoordinates  
+https://github.com/jnnkB/GermanHouseCoordinates  
+https://github.com/l1f/GermanHouseCoordinates  
+https://github.com/mensachan/GermanHouseCoordinates  
+https://github.com/MichaelKreil/GermanHouseCoordinates  
+https://github.com/roikiermedia/GermanHouseCoordinates  
+https://github.com/segore/GermanHouseCoordinates  
+https://github.com/yetzt/GermanHouseCoordinates  
+
+**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**
+
+The HK-DE is not licensed under an open source licence. All allegedly infringing files are in violation of the copyright.
+
+**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**
+
+The only solution is to delete all alleged infringments files irreversibly, because any use of the geospatial data by revising, copying, digitising, transferring, publishing, presenting on the Internet or by other means beyond the conditions specified below shall only be permissible with the written approval of the Licensor.
+
+**Do you have the alleged infringer’s contact information? If so, please provide it.**
+
+'[private]'; '[private]'  
+We do not have any kind of contact information of the users with the forks.
+
+**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 <a href="https://www.lumendatabase.org/topics/22">fair use</a> 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 <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.**
+
+**So that we can get back to you, please provide either your telephone number or physical address.**
+
+[private], [private]  
+[private]  
+[private]  
+[private]  
++[private]  
+
+**Please type your full legal name below to sign this request.**
+
+[private]