3.9 KiB
Dear GitHub Trust & Safety team,
in the above-mentioned matter, we are indicating that [private] has appointed us to represent his legal interests. Proof of our power of attorney is attached to this document.
The subject of our assignment is an infringement of the copyright to the software "RTGI-Reshade", which our client has developed. The software consists of the files
qUINT_rtgi.fx
qUINT_common.fxh
Normal.fxh
Projection.fxh
RaySorting.fxh
as well as a file called license agreement.txt.
In 2019 a user named “[private]” uploaded a copy of the software to his own account. This copy has since been deleted, but others have forked it. Currently, a user named “Glonge-Ares” is offering the software for download under the URL https://github.com/Glonge-Ares/Raytracing-path-tracing-RTGI-Reshade.
In a file named README.md, which was not part of our client’s software, “[private]” claims that our client has licensed the software under the Creative Commons CC-BY-NC-ND license, so it is free to copy. This is incorrect.
The file qUINT_rtgi.fx contains the following header:
[private]
When our client [private] the program, he used an old header from another program which contained the line “CC BY-NC-ND 3.0 licensed”. He never intended to license the RTGI software as Creative Commons, he merely forgot to delete that line. This is evident from reading the next line which expressly states “PATREON ONLY FILE - DO NOT SHARE”.
In addition, the program as initially distributed by our client contains a file named “license agreement.txt”. This reads as follows:
[private]
This also proves that our client never intended to license his software as Creative Commons. It was always subject to this license agreement.
When uploading our client’s software to your service, user “[private]” left out this license agreement. He then claimed in his “readme.md” that our client misunderstood the terms of the CC‑BY-NC-ND license. This is not true. Rather, user “[private]” chose to ignore the fact that a CC license was never effectively applied to the program.
The distribution of the software without proper authorization therefore violates our client’s copyright. We have now notified you of this violation. Please regard this letter as a formal DMCA takedown notice.
We hereby request you to remove the following files from your repository:
We have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by our client, who is the copyright owner, or the law. We have taken fair use into consideration. We are authorized to act on behalf of the owner.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorized to act on behalf of the copyright owner, of an exclusive right that is allegedly infringed.
We request that the removals will be carried out as soon as possible, but not later than
Monday, the 7th of June 2021.
Should you fail to meet this deadline we will advise our client to take further legal action against you.
If there are any questions, do not hesitate to contact us.
Regards,
[private]
Rechtsanwältin
Media Kanzlei Frankfurt
Kaiserstr. 44
60329 Frankfurt am Main
Telefon [private]
Fax [private]
Webseite: www.media-kanzlei.com
E-Mail: [private]