dmca/2018/2018-04-10-SmartTiles.md

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

YES.

All the rights to SmartTiles and associated source code, intellectual property, trademarks, etc., were acquired by our legal Partnership, Thingterfaces LP (managed by its general partner, Thingterfaces Inc; [private]) in January 2017.

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 Groovy source code of the main module of SmartTiles v5.x.y (web user interface for SmartThings) was prefixed with header comments (or equivalent) asserting Copyright [private] 2014, and Licensed prohibiting "distribution".

NB: Publication on non-private GitHub repositories is clearly and reasonably considered as "distribution".

Any modified public versions that are referenced are violations of the "may not modify this software without distributing it" License clause.

[private] retained the Copyright (and right to enforce the License Term of "no distribution"), until transferring all rights to Thingterfaces LP in January 2017.

First commit that was named "SmartTiles" is in [private] Private Repo at:

[private]

/**

  • SmartTiles 5.2.0 (and all subsequent versions: 5.3.3, 5.4.1, etc.)
  • Visit Home Page for more information:
  • http://SmartTiles.click
  • If you like this app, please support the developer via PayPal: [private]
  • This software if free for Private Use. You may use and modify the software without distributing it.
  • This software and derivatives may not be used for commercial purposes.
  • You may not modify, distribute or sublicense this software.
  • You may not grant a sublicense to modify and distribute this software to third parties not included in the license.
  • Software is provided without warranty and the software author/license owner cannot be held liable for damages.
  • Copyright (c) 2014 [private] */

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

e9a51d307c/smartapps/625alex/smarttiles-5-3-2-m.src/smarttiles-5-3-2-m.groovy
* e9a51d307c/smartapps/625alex/smarttiles-5-3-3-m-access.src/smarttiles-5-3-3-m-access.groovy
* e9a51d307c/smartapps/625alex/smarttiles-5-3-3-m-basement.src/smarttiles-5-3-3-m-basement.groovy
* d3ba9ea2ee/SmartTile%205.4.1
* f9bda93a80/SmartLife/code_2018_03_35.txt
* 51e8361672/smartapps/sirduke989/smartdash.src/smartdash.groovy
* 695045c406/STDash.groovy
* https://github.com/tierneykev/SmartThings/blob/master/smartapps/625alex/smarttiles-5-2-0.src/smarttiles-5-2-0.groovy
* a64c6d3f23
* https://github.com/veeceeoh/SmartThings/tree/master/smartapps/625alex/smarttiles-5-2-0.src
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

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. All forks that we have found are listed above.

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.

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

REMOVAL or move to a completely PRIVATE repository that prevents public "Distribution".

All originals, variations, and modifications of the SmartTiles source code file(s) which contain or were modified from source containing the Copyright and License notice by [private] must be removed from public distribution.

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

NO. Multiple infringers per list above.

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/

YES - CONFIRMED.

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

Thingterfaces LP
c/o Thingterfaces Inc
c/o [private]
[private]
[private] mobile

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

Thingterfaces LP
by Thingterfaces Inc (its general partner)
by [private]