dmca/2018-01-03-Odoo.md в 1bf1014f5a5e6c70176a954c482b5f27ce94b194

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Note: this is an update to the takedown notice already submitted on December 25, as requested by GitHub Support.

We have also updated this notice with a reference to the injunction order issued by the Commercial Court of Ahmedabad on December 26th, which restrains the Defendant (owner of the infringing repository), by itself, its directors, employees, representatives, investors, affiliates, group companies, subsidiaries, partners, servants, retailers, stockists, distributors, and agents from using, developing, selling, offering for sale, licensing, renting, storing, reproducing, launching, stocking, advertising, directly or indirectly any software, application or program using or created/ developed by using the copyrighted source code of “Odoo Enterprise Edition” software and/ or any other activity amounting to copyright infringement of the copyrighted source code of “Odoo Enterprise Edition” software.

Are you the copyright owner or authorized to act on the copyright owner's behalf?

I am authorized to act on behalf of Odoo SA, the copyright owner.

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.

We publish an open source product Odoo (Community Edition) under LGPL. However there is also an Enterprise Edition of Odoo that supplements it with proprietary modules, under a proprietary license, protected by copyright, and visible in the following private repository:
[private]
The latter is the copyrighted work that is being infringed.

What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:

This entire repository should be taken down, along with all its forks, as they are actively infringing the copyrighted work and copying parts of it in many places - too many to track individual files.

https://github.com/flectrahq/flectra/

As a result, we have instituted litigation proceedings by way of a Civil Suit for copyright infringement against Tech-Receptives Solutions PVT LTD (the company who owns this repository) before the Commercial Court of Ahmedabad, India.

The text of our plaint can be foud here, specifically the prayer for injunction at Para 42 (a):
[redacted]

On December 26th, 2017, the Court has issued an injunction order granting the same. The text of this court order can be found here:
[redacted]

Taking down this repository is therefore part of the application of the injunction order.

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.

We have searched for forks, and have found that all of them are infringing the same copyrighted work. The current list of repositories we reviewed and found infringing is shown below.

Based on the number of forks we reviewed, we believe that any additional forks would be infringing to the same extent as the parent repository, so it would be best to take down the whole network (the parent repository and all its forks).

There may be more by the time you process this request...

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?

No, this work is licensed under a proprietary license, the Odoo Enterprise Edition License v1.0 (and published without authorization):
[private]

What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?

Taking down the whole repository and its forks is the only solution.

Do you have the alleged infringer's contact information? If so, please provide it:

We know the email of the [private] of that company, [private]: [private]

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 it carefully.

So that we can get back to you, please provide either your telephone number or physical address:

Odoo S.A.
[private]

Phone: [private]

Please type your full legal name below to sign this request:

[private]

6.8 KiB Исходник Ответственный История

6.8 KiB

Исходник Ответственный История