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dmca-sync-bot 2023-12-11 22:12:58 +00:00
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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).
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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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**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.
**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.**
Softonomika LLC is the exclusive rights holder of all products that are distributed under the Amasty trademark via the official website https://amasty.com/ or Adobe Magento marketplace https://marketplace.magento.com/partner/Amasty. I am acting as [private] of Softonomika Limited.
**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.**
All projects listed below contain Amasty products that are distributed under https://amasty.com/terms-and-conditions.html. The presence of the code in listed public repositories violates chapter 14 of an agreement between the client and Amasty (Softonomica LLC) https://amasty.com/terms-and-conditions.html as the purchase of the license doesn't give to the client the right to distribute it. Shared code is a property of Amasty (Softonomica LLC) and should be removed from publicly available git repositories.
Ownership could be easily checked as every php file contains our copyright:
* @author Amasty Team
* @copyright Copyright (c) 2019 Amasty (https://www.amasty.com)
* @package Amasty_ShopbyBrand
here is an example https://github.com/mohdsalman0306/styli/tree/36004a4cbd65da5c87cca611a7187c77246ff467/magento-content/app/code/Amasty/ShopbyBrand
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL.**
https://github.com/mohdsalman0306/styli/tree/36004a4cbd65da5c87cca611a7187c77246ff467/magento-content/app/code/Amasty
**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.**
Yes
**What technological measures do you have in place and how do they effectively control access to your copyrighted material?**
Access is provided via archive in the user cabinet after authorization using google auth or email\password pair or via composer using the key, which is unique for each customer and available in the user cabinet after authorization.
**How is the accused project designed to circumvent your technological protection measures?**
As our product is a code we are not able to control how many copies the user has created and into what repositories it was included.
**<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.**
I have checked all updates via the query [private]
**Is the work licensed under an open source license?**
No
**What would be the best solution for the alleged infringement?**
Repository can be made private
**Do you have the alleged infringers contact information? If so, please provide it.**
no, i do not have their contacts as i am not able to align git user and our client
**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]
**Please type your full legal name below to sign this request.**
[private]