dmca/2014/2014-07-02-Politepix.md

4.0 KiB

Dear GitHub Copyright Agent:

I, the undersigned, state UNDER PENALTY OF PERJURY that:

[1] I am, a person injured, or an agent authorized to act on behalf of a person injured by a violation of the U.S. Copyright laws, in particular section(s) 1201(a)(2) and/or 1201(b)(1) of Title 17 of the United States Code, commonly referred to as the Digital Millennium Copyright Act, or "DMCA";

[2] I May Be Contacted At:

Name of Injured Party : Politepix UG (haftungsbeschränkt), henceforth referred to as Politepix

Name and Title: [private]

Company: Politepix UG (haftungsbeschränkt)

Address: [private]

City, State, and Zip: [private]

Email address: [private]

Telephone: [private]

[3] I have a good faith belief that the repositories identified below (by URL) are unlawful under these laws because, among other things, the repositories publicly distribute copyrighted software products for which no right or permission to redistribute has been given.

[4] Reason:

In the case of the following repositories, they redistribute Politepix's copyrighted commercial product Rejecto, in the form of the binary Rejecto.framework, without permission or any granted right to redistribute:

https://github.com/susangelias/Talk-Lists https://github.com/susangelias/Talk-Notes

Examples:

https://github.com/susangelias/Talk-Lists/tree/master/Framework https://github.com/susangelias/Talk-Notes/tree/ListeningAlwaysOn/Framework

More about Rejecto here: http://www.politepix.com/rejecto

In the case of the following repositories, they redistribute Politepix's library OpenEars in a form specifically prohibited by its license (as part of an SDK or as a plugin for an SDK) and the repositories have then stripped OpenEars' license, which incidentally describes this prohibition, so that it isn't possible for their users to know the licensing of the software they are linking to while causing them to unknowingly use the library in violation of its license, and causing those who fork it to unknowingly engage in the same license violation and consequent harm to their own users:

https://github.com/xmsoft/Framework https://github.com/zf9254792/OpenearsAne

This can be verified by reading the license info at the top of every header in the OpenEars distribution, for instance here:

https://github.com/xmsoft/Framework/blob/master/02_Library/Include/XMOpenEars/AudioConstants.h

or here:

https://github.com/zf9254792/OpenearsAne/blob/master/ios/Classes/include/AudioConstants.h

and then attempting to locate the license file described therein, which is not possible because it has been stripped from the repository in both cases.

[5] I have personally contacted all of the owners of these repositories directly so that it would be possible for them to simply remove Politepix's software from their repositories without affecting the publication of the repositories themselves, attempting email contact three times in each case to request that they get in touch so we can solve the problem, as I believe that these are fixable mistakes. The owners of these repositories have not responded to my contact attempts. Since the repositories don't have a reachable responsible party, I am regretfully requesting the takedown of the repositories, especially since GitHub has declined to provide any more appropriate method of facilitated communication or moderation such as could be expected in its role as the manager of a community and its beneficiary, leaving the DMCA as the single available method of problem resolution, absurd as that is. Please act expeditiously to remove the repositories and their forks found at the following URLs:

https://github.com/susangelias/Talk-Lists https://github.com/susangelias/Talk-Notes https://github.com/xmsoft/Framework https://github.com/zf9254792/OpenearsAne

[6] I have a good faith belief that the copyright violation identified above is not authorized by law; and

[7] The information in this notice is accurate.

Thank you for your kind assistance.

Truthfully,

[private]

Politepix UG (haftungsbeschränkt)