3.8 KiB
Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to make changes.
- provided information on how to submit a DMCA Counter Notice.
To learn about when and why GitHub may process some notices this way, please visit our README.
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'm the copyright owner of FlexiBlocks, a GatsbyJS template that is exclusively sold on Themeforest (themeforest.net).
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 original work is a GatsbyJS template available to purchase on ThemeForest:
https://themeforest.net/item/flexiblocks-react-gatsby-landing-page-site-template/30807682
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
The ENTIRE repositories at:
https://github.com/artify-fi/hakukonestudio
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 forked repository has been found.
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 work is not under an open-source license. According to ThemeForest's license term number 8: You can’t re-distribute the Item as stock, in a tool or template, or with source files. You can’t do this with an Item either on its own or bundled with other items, and even if you modify the Item. You can’t re-distribute or make available the Item as-is or with superficial modifications. These things are not allowed even if the re-distribution is for Free. Full license terms are available on this page: https://themeforest.net/licenses/terms/regular
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?
If the owner of the repository has purchased a license for the theme from ThemeForest, making the repository private is acceptable.
If the owner of the repository has NOT purchased a license of the theme from ThemeForest, removing the repository is mandatory.
Do you have the alleged infringer’s contact information? If so, please provide it.
No
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]
[private], [private]
Please type your full legal name below to sign this request.
[private]