6.8 KiB
Are you the copyright owner or authorized to act on the copyright owner's behalf?
Yes, I am authorized to act on the copyright owner's behalf.
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.
I represent Electric Sheep Fencing LLC ("ESF"), which maintains the pfSense software, including pfSense 2.4.3 as well as both previous and subsequent versions. ESF also owns U.S. and internationally registered trademarks to PFSENSE and PFSENSE CERTIFIED. pfSense® software is a free, open source customized distribution of FreeBSD specifically tailored for use as a firewall and router that is entirely managed via web interface.
More information about pfSense is available here: https://www.pfsense.org/about-pfsense/
pfSense 2.4.3 may be found here:
https://github.com/pfsense/pfsense/tree/RELENG_2_4_3
The main repository for pfSense is located here: http://www.pfsense.org
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:
e9c6a85f29
As you can see, the foregoing commit states as follows:
"Kill Netgate copyright/trademark spam Users are not distributing anything, stop nagging them with this trademark junk.”
In addition, this file should be taken down:
https://github.com/06chaynes/pfsense-closedsource/blob/master/patches/kill-copynotice-spam.diff
The foregoing file has changes that create an infringing version of usr/local/www/index.php
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, we have searched for forks, but are not aware of any additional relevant forks of the infringing repo on Github.
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?
pfSense is open source and distributed under the Apache 2.0 license.
By installing the pfSense software, users accept the pfSense Trademark Usage Guidelines as well as their obligations under the Apache 2.0 license. This is presented in a popup upon install.
The change made in [private] repo suppresses that popup.
What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?
The entire repo should be removed for the following reasons.
-
As the top level of the repo indicates, "the only purpose of this repository is to document the false advertising of the so-called "open-source" pfSense®™ project."
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By preventing the popup, the author of this (forked) repo is intentionally removing copyright management information in breach of 17 U.S.C. § 1202. Removing this suppression is necessary to remedy the breach of § 1202. In other words, [private] is intentionally providing a patch to allow users to circumvent access controls in violation of U.S. copyright law, and he should not be allowed to continue to do so.
-
As noted above, the first two complained-of URLs also state as follows:
"Kill Netgate copyright/trademark spam Users are not distributing anything, stop nagging them with this trademark junk.”
The README.md in the “pfsense-closedsource” repo contains this statement:
“In case someone naively thinks that https://github.com/pfsense/FreeBSD-src contains the pfSense®™ source code - that is not the case. You cannot build pfSense®™ 2.4.x from source code. No, not even with the official toolshttps://github.com/pfsense/pfsense/tree/master/tools - those will just sabotage you. The repository claimed to be "FreeBSD src with pfSense changes" does not contain the source code of the kernel shipped with pfSense®™ 2.4.x, and other changes done to FreeBSD code are also being selectively ommited from that repository.”
- Such behavior by [private] violates the GitHub community guidelines by attempting to harass ESF. Such behavior likewise is in violation of Github terms of service (see para. 2, Content Restrictions), in that [private] is uploading, posting, hosting or transmitting content that promotes unlawful activities (circumventing access control), is libelous or defamatory (with respect to the alleged false advertising), and is abusive to ESF (referring to ESF's "idiocy”).
This forked repo is the same.
- [private] (who authored the repo this is forked from) is “trolling,” using Github as a platform, and “trolling” is a violation of Github’s terms of service and acceptable use policies. See: https://help.github.com/articles/github-community-guidelines/#what-is-not-allowed
In light of the foregoing, this entire forked repo should be deleted.
Do you have the alleged infringer's contact information? If so, please provide it:
The third party who is circumventing the access controls is [private]:
https://github.com/06chaynes/
[private]
[private]
[private] (listed in the above blog as an email address).
Type (or copy and paste) the following statement: "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 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.
Type (or copy and paste) the following statement: "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 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.
Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice:https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/
I have read your Guide to Submitting a DMCA Takedown Notice at the site indicated.
So that we can get back to you, please provide either your telephone number or physical address:
[private]
Meyertons, Hood, Kivlin, Kowert & Goetzel, P.C.
1120 S. Capital of Texas Hwy.
Building 2, Suite 300
Austin, Texas 78746
Telephone: [private]
Facsimile: [private]
Please type your full legal name below to sign this request:
/[private]/