7.4 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 authorized to act on the copyright owner's behalf.
Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?
Yes
Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.
1426607
Does your claim involve content on GitHub or npm.js?
GitHub
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
I'm the [private] of XOOPS, and one of the XOOPS [private] (see https://github.com/XOOPS/XoopsCore25/graphs/contributors).
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 XOOPS CMS (www.xoops.org) with the older source code on SourceForge and the recent code on GitHub (https://github.com/XOOPS/).
You can see the original source code on SourceForge: https://sourceforge.net/p/xoops/svn/HEAD/tree/Archives/XoopsCore-branches/2.0.x/2.0-main/
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
Since the GPL license has been automatically terminated, the whole repository (https://github.com/xoopscube/xcl/)
Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our Complaints about Anti-Circumvention Technology if you are unsure.
No
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.
All the forks listed here need to be taken down, as they contain unlicensed work, due to the fact that the GPL license has been terminated:
https://github.com/iopenet/xcl
https://github.com/kimura363/xcl
https://github.com/mambax7/xcl
https://github.com/mazkasa/xcl
https://github.com/nunoluciano/xcl
https://github.com/RyujiAMANO/xcl
Is the work licensed under an open source license?
Yes
Which license?
GPL 2.0
How do you believe the license is being violated?
The GLP license and copyrights laws are very clear:
-
You can't remove original copyright and replace it with something else without the permission of the original copyright holder
-
You can't change the license from GPL to other license without the permission of the original copyright holder
-
The standard GPL header in our code is also very clear that you can NOT touch the header and make any changes to it!
As an example, you can see the original XOOPS file [private] here: https://sourceforge.net/p/xoops/svn/HEAD/tree/Archives/XoopsCore-branches/2.0.x/2.0-main/htdocs/install/class/dbmanager.php
This is the file in the XCL fork in 2008, still in its original form, as it should be:
29319ebda4/html/install/class/dbmanager.php
And this is how the XoopsCube has changed the [private] file in 2021 (29319ebd...d2c6c98b
):
-
replaced our copyright "Copyright (c) 2000 XOOPS.org " with their "Copyright 2005-2021 XOOPSCube Project":
-
replaced GPL license with BSD license,
-
removed our headers despite the fact that the condition of using XOOPS code was clearly stated in each header:
"You may not change or alter any portion of this comment or credits of supporting developers from this source code or any supporting source code which is considered copyrighted (c) material of the original comment or credit authors. "
You can see a comparison image of these changes in /html/install/class/dbmanager.php here: https://xoops.org/uploads/XCLviolations.jpg
This has been done for all files forked from the original XOOPS code!
Because of the above violations, the license has been automatically terminated, as stated in section 5.2 of the GPL Compliance Guide (https://softwarefreedom.org/resources/2008/compliance-guide.html): "Since your rights under GPLv2 terminate automatically upon your initial violation, all subsequent distributions are violations and infringements of copyright."
Therefore, XoopsCube is not allowed to use/modify or distribute the XCL fork that was derived from the XOOPS code!
We have contacted them on April 4th, 2021 about this issue to give them a chance to fix it, followed up on July 10th, 2021, and again on Dec. 3rd, 2021, but they refused to restore the original headers. This left us with no choice but to request the takedown of the repository.
What changes can be made to bring the project into compliance with the license? For example, adding attribution, adding a license, making the repository private.
ALL the original headers of files derived from XOOPS have to be restored to the original state as they were here: 29319ebda4
incl. all copyrights notices and GPL license notices
This was the condition based on which XOOPS source code was allowed to be forked and used/distributed, as per GPL License and copyright laws.
What would be the best solution for the alleged infringement?
Other Change
Describe the change.
ALL the original headers of XOOPS have to be restored to the original state as they were here: 29319ebda4
Do you have the alleged infringer’s contact information? If so, please provide it.
[private]
[private]
[private]
[private]
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]