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Hubot 2017-02-08 20:09:33 -08:00
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My name is [private]. A downloadable file that your company hosts is infringing on at least one copyright owned by me.
The original file, the "Futura - WordPress theme" is owned by me, and it was copied onto your servers without my permission. The file which I own the exclusive copyrights can be found for sale at:
https://themeforest.net/item/futura-responsive-minimal-blog-theme/11600488
Under this licensing terms:
'The Regular License grants you, the Purchaser a non-exclusive, non-transferrable right to make use of the product that you acquire (Product).'
and '(d) Your use of the Product is limited to a single application.'
The full license can be found at:
http://themeforest.net/wiki/support/legal-terms/licensing-terms/
The unauthorized and infringing copy can be found at:
https://github.com/wanggufeng/futura-en
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (DMCA), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.
Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers 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 material from your servers with all due speed should the direct infringer, your client, not comply immediately.
I am providing this notice in good faith and with the reasonable belief that rights I own are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.
Should you wish to discuss this with me please contact me directly.
Thank you.
[private]