From 69b341b818e3b1a5e069ce8b859bed051f0b84c9 Mon Sep 17 00:00:00 2001 From: dmca-sync-bot Date: Wed, 3 Jan 2024 19:17:59 +0000 Subject: [PATCH] Process DMCA request --- 2023/12/2023-12-28-eclipse.md | 99 +++++++++++++++++++++++++++++++++++ 1 file changed, 99 insertions(+) create mode 100644 2023/12/2023-12-28-eclipse.md diff --git a/2023/12/2023-12-28-eclipse.md b/2023/12/2023-12-28-eclipse.md new file mode 100644 index 000000000..061f87cfc --- /dev/null +++ b/2023/12/2023-12-28-eclipse.md @@ -0,0 +1,99 @@ +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](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work). +- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice). + +To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md#anatomy-of-a-takedown-notice). + +--- + +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?** + +Yes + +**Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.** + +2313505 + +**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.** + +Dear GitHub Support Team, + +I have read and understand GitHub's Guide to Filing a DMCA Notice. I hope this message finds you well. I am writing to inform you about a serious situation that I have discovered in three of the repositories hosted on your platform. + +My name is [private], I am the owner at the company that owns the copyright to the source code contained in the repo. My repository, which contains code intended to be used on the ROBLOX platform, with a paid version has been copied and re-sold by another developer. The original public repo being https://github.com/Ethanoj1/Eclipse, which includes code to access my website and receive the copyrighted code from there. The private repo with the protected source code can be found as [private]. + +I'd be extremely grateful if you could look into this and take the appropriate actions to remove the repository in question. The confidentiality of my work and the integrity of my code are essential to me, and I am confident that GitHub will take proper measures to protect my rights and prevent this blatant infringement. Also, since one of the two users, vwSaraa has been reported multiple times for various other DMCA copyright infringements, administrative action against their GitHub account should be taken. + +I greatly appreciate your attention to this situation and your quick response. I am happy to give you with any extra information you need. As the best repository hosting platform, I am optimistic that GitHub will address this issue quickly and efficiently. + +**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.** + +The copyrighted work has been re-obfuscated under a different name with the same internal methods. These methods have been previously private, and were blatantly stripped from the original code, with the user even admitting to this. The user was contacted about the infringement over [private], but proceeded to ignore it. The work was taken from the company website's API, being eclipsehub.xyz, and slightly modified with a rebrand. + +On my original takedown request, I was specified that since I had a license file on my public GitHub repository as an open source license, I would have to change the option below to reflect that. However, that is NOT the official license of Eclipse Hub. The official license of Eclipse Services, including Eclipse Hub is on the official website: https://eclipsehub.xyz/license. This is the current and publicly advertised LICENSE for Eclipse Hub. As this GitHub repro is not used for anything other than storing modules used in Eclipse Hub, it was not necessary to update. Furthermore, the public original repository links back to my official website, which includes the LICENSE on it, as stated above. Eclipse Hub is currently NOT open source, and when this project was created, the LICENSE still stated Eclipse Hub was NOT open source. + +Public Original Repo: https://github.com/Ethanoj1/Eclipse +Private Original Source Repo: [private] + +**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.** + +https://github.com/vwSaraa/LunarHub +https://github.com/vwSaraa/Lol +https://github.com/R3TH-PRIV/R3THPRIV + +**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?** + +The original source code and the infringing code is obfuscated with the same Lua obfuscator, specifically optimized for the ROBLOX platform. + +**How is the accused project designed to circumvent your technological protection measures?** + +The accused project re-obfuscated the protected methods from my protected code and is selling access for monetary gain. The infringing code has been obfuscated to make it harder to detect the similarities in the methods used between my code and theirs. However, it is evident that the obfuscated code is infringing on my code. + +**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.** + +No forks have been identified. + +**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 Username 1: vwSaraa +GitHub Username 2: R3TH-PRIV + +**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] + +**Please type your full legal name below to sign this request.** + +[private]