dmca/2021/04/2021-04-13-mikrotik-exporte...

4.8 KiB
Исходник Ответственный История

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 am [private] of the GitHub repository and the code therein : nshttpd/mikrotik-exporter

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 work is source code for an exporter for Mikrotik network device metrics for Prometheus. It is located at :

https://github.com/nshttpd/mikrotik-exporter

It's written in Go and has been referenced in multiple locations (listed below) as the exporter to use when needing to collect metrics for mikrotik devices for monitoring, graphing and alerting.

references :

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

The entire repository of https://github.com/hatamiarash7/Mikrotik-Exporter is a copy and not a fork of the nshttpd/mikrotik-exporter . There have been minor changes to the Makefile and a few other files along with replacing the LICENSE file. It's a copy of the original source code that [private].

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.

There are 23 forks of the infringing repository.

/atarist/Mikrotik-Exporter-1

/baguwes/Mikrotik-Exporter

/BRIAJER/Mikrotik-Exporter-1

/cyancow/Mikrotik-Exporter

/dmednis/Mikrotik-Exporter

/drevofil/Mikrotik-Exporter

/egorsmkv/Mikrotik-Exporter

/elcidowneador/Mikrotik-Exporter

/GaetanF/Mikrotik-Exporter

/gsstark/Mikrotik-Exporter

/haihappen911/Mikrotik-Exporter

/Hardikris/Mikrotik-Exporter

/jaredstoker/Mikrotik-Exporter

/mazay/Mikrotik-Exporter

/metaldoc/Mikrotik-Exporter

/mms101/Mikrotik-Exporter

/n33pm/Mikrotik-Exporter

/Niall-Keating/Mikrotik-Exporter

/nidr0x/Mikrotik-Exporter

/onixsib/Mikrotik-Exporter

/Rid-lin/Mikrotik-Exporter

/sardigital/Mikrotik-Exporter

/zidekja/Mikrotik-Exporter

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 BSD 3-Clause License is what the work is licensed under. As part of that License it states that :

“Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.”

The copied (not forked) repository has had this LICENSE file removed along with the Copyright that the license requires that is must retain for redistribution and use in source and binary form.

It is in violation and in fact has been relicensed and the copyright information removed.

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 repository could in theory be made private, but that would nullify the FUNDING.yml file the other party has created. Best solution would be for the removal of the offending repository.

Do you have the alleged infringers contact information? If so, please provide it.

From the users GitHub page : [private]

An email has been sent about this without any response.

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]