4.7 KiB
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.
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
I am [private] (known online as [private]) a co-creator and authorized person to act on behalf of [private] (known online as [private]), the copyright holder to relevant content pertaining to this request and owner of https://madebymirac.com/ from which content has been stolen from.
I have read and understand GitHub's Guide to Filing a DMCA Notice.
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.
The following links pertain to a website used to showcase digital content:
- https://madebymirac.com/wallpapers/bathbomb
- https://madebymirac.com/wallpapers/above
- https://madebymirac.com/wallpapers/above-night
This content has been directly stolen without the proper credits and can be found here:
- https://ideviceslash.github.io/Handpicked/wallpapers/bathbomb.html
- https://ideviceslash.github.io/Handpicked/wallpapers/above-night.html
- https://ideviceslash.github.io/Handpicked/wallpapers/above.html
As shown on the stolen links, the infringer claims credit to designing this digital content, while infact this information is false.
Additionally the website: https://ideviceslash.github.io/ (located at https://github.com/iDeviceSlash/ideviceslash.github.io/) is a direct dump of the compiled version of https://github.com/tale/Majestic/ (hosted at https://madebymirac.com/). This can be seen throughout the code for the infringing website within its OpenGraph HTML tags and a comment in each file showing it was directly mirrored from https://madebymirac.com/.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
The claimant wishes the entire repository (https://github.com/iDeviceSlash/iDeviceSlash.github.io) be taken down for violating his copyright on his digital content.
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.
No Forks
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?
The repository (https://github.com/tale/Majestic) was originally licensed under the MIT license, allowing for the ditribution of website under the terms of the license. However, this does not apply to the digital content as they aren't synonymous with the website and are distributed under different terms. The MIT license requires preservation of copyright and license notices, however they aren't present within the infringing repository (https://github.com/iDeviceSlash/iDeviceSlash.github.io).
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?
The claimant believes a complete takedown of the repository is the appropriate suit of action. The repository has been shown to violate its original license and redistribute licensed digital content without proper credits. The repository cannot be made closed source as this still contains works that would be in immediate violation of the claimant's copyright.
Do you have the alleged infringer’s contact information? If so, please provide it.
Only a Twitter Account and the GitHub where the infringing repository resides. [private]
The infringer was given one week to take down the offending content but has failed to do so.
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 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 Guide to Submitting a DMCA Takedown Notice.
So that we can get back to you, please provide either your telephone number or physical address.
[private]
Please type your full legal name below to sign this request.
[private]