dmca/2016/2016-12-25-NEAT.md

6.9 KiB

Are you the copyright owner or authorized to act on the copyright owner's behalf?

I am one of three copyright holders whose rights have been violated.

What work was allegedly infringed? If possible, please provide a URL:

https://github.com/rwesson/NEAT

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

https://github.com/equib/proEQUIB/blob/master/text/Ilineslevs.readme
https://github.com/equib/proEQUIB/blob/master/calc_balmer_ratios.pro
https://github.com/equib/proEQUIB/blob/master/ciireclines.pro
https://github.com/equib/proEQUIB/blob/master/deredden_ccm.pro
https://github.com/equib/proEQUIB/blob/master/deredden_fitz.pro
https://github.com/equib/proEQUIB/blob/master/deredden_howarth.pro
https://github.com/equib/proEQUIB/blob/master/deredden_lmc.pro
https://github.com/equib/proEQUIB/blob/master/deredden_smc.pro
https://github.com/equib/proEQUIB/blob/master/flambdaccm.pro
https://github.com/equib/proEQUIB/blob/master/flambdafitz.pro
https://github.com/equib/proEQUIB/blob/master/flambdalmc.pro
https://github.com/equib/proEQUIB/blob/master/flambda.pro
https://github.com/equib/proEQUIB/blob/master/flambdasmc.pro
https://github.com/equib/proEQUIB/blob/master/fl_ccm.pro
https://github.com/equib/proEQUIB/blob/master/fl_extinction.pro
https://github.com/equib/proEQUIB/blob/master/fl_fitzpatrick.pro
https://github.com/equib/proEQUIB/blob/master/fl_howarth_lmc.pro
https://github.com/equib/proEQUIB/blob/master/fl_howarth.pro
https://github.com/equib/proEQUIB/blob/master/fl_prevot_smc.pro
https://github.com/equib/proEQUIB/blob/master/gamm4471.pro
https://github.com/equib/proEQUIB/blob/master/gamm4686.pro
https://github.com/equib/proEQUIB/blob/master/gamm4861.pro
https://github.com/equib/proEQUIB/blob/master/gamm5876.pro
https://github.com/equib/proEQUIB/blob/master/gamm6678.pro
https://github.com/equib/proEQUIB/blob/master/gamm6683.pro
https://github.com/equib/proEQUIB/blob/master/getabundance.pro
https://github.com/equib/proEQUIB/blob/master/getaeffhb.pro
https://github.com/equib/proEQUIB/blob/master/get_cel_argon.pro
https://github.com/equib/proEQUIB/blob/master/get_cel_chlorine.pro
https://github.com/equib/proEQUIB/blob/master/get_cel_neon.pro
https://github.com/equib/proEQUIB/blob/master/get_cel_nitrogen.pro
https://github.com/equib/proEQUIB/blob/master/get_cel_oxygen.pro
https://github.com/equib/proEQUIB/blob/master/get_cel_sulfur.pro
https://github.com/equib/proEQUIB/blob/master/getdiagnostic.pro
https://github.com/equib/proEQUIB/blob/master/get_emissivity_porter.pro
https://github.com/equib/proEQUIB/blob/master/getemissivity.pro
https://github.com/equib/proEQUIB/blob/master/get_orl_helium_porter.pro
https://github.com/equib/proEQUIB/blob/master/get_orl_helium_smith.pro
https://github.com/equib/proEQUIB/blob/master/getpopulations.pro
https://github.com/equib/proEQUIB/blob/master/neiireclines.pro
https://github.com/equib/proEQUIB/blob/master/niireclines.pro
https://github.com/equib/proEQUIB/blob/master/oiireclines.pro
https://github.com/equib/proEQUIB/blob/master/read_porter.pro
https://github.com/equib/proEQUIB/blob/master/xiiireclines.pro
https://github.com/equib/pyEQUIB/blob/master/pyequib/text/Ilineslevs.readme
https://github.com/equib/pyEQUIB/blob/master/pyequib/cel.py
https://github.com/equib/pyEQUIB/blob/master/pyequib/ext.py
https://github.com/equib/pyEQUIB/blob/master/pyequib/orl.py

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.

I believe there are no forks of the infringing repositories.

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?

NEAT is released under the GNU General Public License. This requires that derivative works contain a prominent and appropriate copyright notice, and that changes from the original are identified with dates. The codes "proEQUIB" and "pyEQUIB" are translations of NEAT into IDL and python respectively, but [private] who created these repositories violated the terms of the GPL by passing the codes off as his own original work. When challenged, he added partial copyright information on some files, but continued to pass off large sections of the codes as his own original work, and created fictitious revision histories for other files. At no point has either code contain an appropriate and prominent copyright notice indicating that it is based on NEAT.

Violations of the GPL automatically result in a termination of the user's license. The license may be restored provisionally if the user ceases all violation, unless and until the copyright holder explicitly and finally terminates the license. In December 2016, [private] remained in violation of the license, and I advised him that I was explicitly and finally terminating his license to reuse NEAT code, under Section 8 of the GPL. The code nevertheless is still being hosted by github.

What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?

The license was explicitly and finally terminated. All code based on NEAT must be removed.

Do you have the alleged infringer's contact information? If so, please provide it:

[Private] -[Private] - [Private] - [Private] - github usernames "danehkar" and "equib"

Type (or copy and paste) the following statement: "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 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.

Type (or copy and paste) the following statement: "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 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.

Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/

I have read 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]

Please type your full legal name below to sign this request:

[Private]