10 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.
While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s).
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?
No
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.
Dear Madam or Sir,
The “Association de Lutte contre la Piraterie AudiovIsuelle”, “ALPA”, is a non-profit association governed by the French Law of July 1st, 1901, created in 1985 at the initiative of the French government and the audiovisual industry. Its mission is to fight all forms of audiovisual pirating on behalf of its members, or on behalf of its member’s members at their request. Members include audiovisual production companies, video publishing companies or professional Unions, as follows:
« THE WALT DISNEY COMPANY FRANCE » - [private]
« SONY PICTURES HOME ENTERTAINMENT » - [private]
« STUDIOCANAL », (A CANAL PLUS S.A. Company) - [private]
« France TELEVISIONS DISTRIBUTION » - [private]
« GAUMONT » - RCS Nanterre B 562 018 002 - [private]
« SOCIETE NOUVELLE DE DISTRIBUTION (SND), GROUPE M6 » - [private]
« MK2 » - RCS Paris B 347 696 999 - 55, rue Traversière - [private]
« PARAMOUNT PICTURES France » - [private]
« PATHÉ » - [private]
« TF1 VIDEO » - [privat « UGC IMAGES » - [private]
« UNIVERSAL PICTURES VIDEO France SAS » - [private]
« WARNER BROS. ENTERTAINMENT France » - [private]
« METROPOLITAN FILMEXPORT SAS » - [private]
« Motion Picture Association » (MPA) - [private]
La « Société des Auteurs, Compositeurs et Editeurs de Musique » (SACEM) - [private]
La « Société pour l’Administration des droits des artistes et musiciens interprètes » (ADAMI) - [private]
L’ « Association des Producteurs indépendants » (API) - [private]
La « Société civile des Auteur Réalisateurs, Producteurs » (ARP) -[private]
L’ « Association des Producteurs de Cinéma » (APC) - [private]
Le « Centre National de la Cinématographie » (CNC) - [private]
La « Fédération Nationale des Cinéma Français » (FNCF) - [private]
La « Fédération Nationale des Editeurs de Films » (FNEF) - [private]
L’ « L’Union des Producteurs de Films » (UPF) – [private]
Le « Syndicat de l’Edition Vidéo Numérique » (SEVN) - [private]
Le « Syndicat des Producteurs Indépendants » (SPI) - [private]
In order to carry out its missions, ALPA has several sworn agents, appointed and approved by the French Ministry of Culture in compliance with the provisions of Articles L-331-2 and R-332-1 of the French Intellectual Property Code. Under the afore-mentioned Article L-331-2, these sworn officers may carry out investigations that lead to establishments of fact, with a view to supplying proof of any infringement contained in Books I, II and III of the French Intellectual Property Code, in the same way as police officers do.
I, the undersigned, as an Internet Investigator and a Sworn Agent of ALPA, certify under penalty of perjury that I am the owner or an agent authorized to act on behalf of the owner of certain intellectual property rights, said owner being named in the hereafter paragraphs in relation with their respective properties. The abovementioned companies are the owner of trademark, copyright, distribution and/or other intellectual property rights in and to the motion pictures and/or TV series listed below. Because of these rights, no one is authorized to manufacture, distribute, copy, sell and/or offer for sale products utilizing properties without the express written permission of the companies listed hereafter in relation with their respective properties.
I have read and understand GitHub's Guide to Filing a DMCA Notice.
On behalf of ALPA, I, the undersigned, have recorded as sworn agent that the entire repository mentioned below only contains infringing content.
We are therefore under the obligation to inform you about this illegal activity, as described above. In this respect, we must draw your attention to the following points:
-
Under French law, producers of audiovisual works benefit, on the one hand, from the implied assignment of authors' exploitation rights (Art. L-132-24 of the Intellectual Property Code) and, on the other, from the neighboring right belonging to the person who takes the initiative and the responsibility for the initial fixation of a sequence of images, whether with sound or without (Art. L-215-1 of the Intellectual Property Code).
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Infringing an exclusive exploitation right, such as the neighboring right acknowledged in particular to the benefit of performers and videogram producers, is a criminal offense. Indeed, any reproduction, making available to the public or performance of an audiovisual work without the authorization of the holder(s) of the intellectual property rights, constitutes an infringement under Articles L-335-2 to L-335-10 of the Intellectual Property Code punishable by 3 years’ imprisonment and a €300,000 fine.
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If the infringement is repeated, it is then punishable by 6 years imprisonment and a fine of €1,000,000, with application of the minimum one year prison sentence (Art. L-335-9 of the IPC and L-132-19 1° (new) of the Penal Code added by law n° 2007-1198 of 10 August 2007).
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Under US Law and as regards works originating from the United States of America, in compliance with Federal Copyright law (Copyright Act) relating to determining who holds the copyright, the producer of an audiovisual work is the holder ab initio of all rights over it, he is therefore the only person having the power to authorize its making available to the public, including making it available to the public in such a way that everybody can access it where and when they like. In accordance with Copyright Law of the United States of America and Related Laws contained in Title 17 of the United States Code, § 512(d), an internet service provider shall not be liable for infringement of copyright by referring or linking users to an online location containing infringing material or infringing activity, if he does not have actual knowledge that the material or activity is infringing, or upon obtaining such knowledge or awareness, acts expeditiously to remove, or disable access to the material that is claimed to be infringing.
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In the present case, it cannot be denied that allowing internet users to watch (commonly called “streaming”) or download works without the prior authorization of their right holders constitutes a copyright infringement.
We hereby ask you to remove this repository.
[private]
ALPA
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.
Infringing content includes (but not limited to):
Uncharted - Sony Pictures:
https://wishflix.github.io/WishFlix/film/actionaventuredrame/aaa/uncharted
Encanto - The Walt Disney Company:
https://wishflix.github.io/WishFlix/film/jeunesse/encanto
Stranger Things - Netflix:
https://wishflix.github.io/WishFlix/serie/strangersthings
The Gray Man - Netflix:
https://wishflix.github.io/WishFlix/film/actionaventuredrame/aaa/grayman
The Flash - Warner Bros Discovery:
https://wishflix.github.io/WishFlix/serie/flash
This entire repository is dedicated to sharing illegal movies and TV Shows from our member and should be taken down as is. These are just a tiny fraction of the repository's content.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
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.
Yes
What technological measures do you have in place and how do they effectively control access to your copyrighted material?
DRM
How is the accused project designed to circumvent your technological protection measures?
Using pirated copies uploaded to cyberlockers
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.
N/A
Is the work licensed under an open source license?
No
What would be the best solution for the alleged infringement?
Other Change
Describe the change.
Entire repository must be removed.
Do you have the alleged infringer’s contact information? If so, please provide it.
N/A
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]
[private]
[private]
Please type your full legal name below to sign this request.
[private]