3.6 KiB
I am reporting a copyright violation per the steps outlined here: https://help.github.com/articles/dmca-takedown-policy.
1.. My original software, that I wrote myself and have maintained for the past 4 years, is available here (as a ZIP file): http://www.codingforums.com/post-php-snippet/205066-youtube-mp3-conversion-php-class-script-65.html#post1364524. I do realize that I am giving the software away for free, but I am also not bundling the software with a GNU General Public License. So I am not explicitly “guaranteeing end users (individuals, organizations, companies) the freedoms to use, study, share (copy), and modify the software”.
2.. This project published on GitHub (https://github.com/Bill7/youtube-to-mp3) is using my software as its foundation (and, in many places, is copied directly from my software – with only the names of files changed). Here (https://github.com/Bill7/youtube-to-mp3/blob/master/main.class.php), the copyright notice makes no mention of my original work that this project is clearly based on. Nor does the README.md file (https://github.com/Bill7/youtube-to-mp3/blob/master/README.md) make any mention of my original software.
Per my understanding of copyright law, the following applies here:
”In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights.”
Since I live in the USA, then I reserve the right to enforce copyright on my original work. In this case, I require at least one of the following possible resolutions with respect to my copyright claim:
A) The GitHub project creator must give me credit for my original work/contributions in ALL relevant project copyright notices and in the project’s README.md file, OR
B) The GitHub project should be taken down and removed from public access
I have tried to contact the creator of this project, more than a month ago. I attempted to contact him via his contact form at http://www.vasilisth.tk. I also tried to contact him on his demo site’s (http://www.yt2mp3.net/) Facebook fan page: https://www.facebook.com/youtube2mp3freeconverter. Please see the screenshot attached to this email: facebook.png.
The project creator has not responded to any of my attempts to contact him/her. But he/she did have time to update the project’s index.php and README.md files 12 days ago (at the time of this writing): https://github.com/Bill7/youtube-to-mp3. See the corresponding screenshot attached to this email: project.png.
3.. My contact information:
[private]
4.. I have no contact information for the GitHub project creator.
5.. 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.
6.. 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.
7.. In lieu of a regular signature, here is an image of my signature:
Thank you for your time. I am just looking for an ethical resolution to the unauthorized redistribution of my original software (with respect to its direct inclusion in a derivative work). I believe I am entitled to receive credit where credit is due.
Regards,
[private]