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Hubot 2019-12-30 09:37:11 -08:00
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**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am the copyright holder.
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
I teach [private] at the University of Southern California since 2012. I have told all students in my classes that the programming assignments are private and they are not permitted to post their programming assignments on GitHub. The infringed repository contains copyrighted files from my programming assignments.
**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.**
At the beginning of every file under kernel1, kernel2, and kernel3 (see https://github.com/sooooner11/CSCI402_USC/blob/master/kernel1/kernel/proc/kmutex.c as an example), there is a comment block clearly states that students are not permitted to distribute or publicly display a copy of the file. There is an encrypted and encoded copyright notice in that comment block that says that I'm one of the copyright owners. If you need my password to decrypt it, I would be happy to provide my password.
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL.**
Please take down the entire https://github.com/sooooner11/CSCI402_USC repository. The 5 folders there (warmup1, warmup2, kernel 1, kernel2, and kernel3) correspond to my 5 programming assignments posted on my class web site: [private]. All files under kernel 1, kernel2, and kernel3 have the comment block I mentioned. The weenix folder contains all files in the kernel 1, kernel2, and kernel3 folders. Some header files (cs402.h and my402list.h) under warmup1 and warmup2 have similar comment blocks and they were #included by other files there.
**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.**
Yes. I think [private] was the original repository and this one is a fork of it. A couple of days ago, I found that repository and asked [private] to took it down and he did.
**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?**
No. It's not open sourced.
**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?**
My understanding of the GitHub policy is that a private repository that's shared by more than 3 accounts will automatically become public. User may forget that and the infringed code may become public when the repository was shared (I think this has happened previously). The best solution is to delete the entire repository.
**Do you have the alleged infringers contact information? If so, please provide it.**
For the [private] repository (which was deleted 2 days ago), [private] has his e-mail address ([private]) display on his GitHub account. I do not know who owns the https://github.com/sooooner11/CSCI402_USC repository.
**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://help.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.**
I don't answer phone calls from unrecognized numbers. So it's best to reach me via my work e-mail address <[private]>. My work mailing address is:
[private]
Computer Science Department
University of Southern California
[private]
Los Angeles, CA 90089-0781
**Please type your full legal name below to sign this request.**
[private]