5.4 KiB
Are you the copyright owner or authorized to act on the copyright owner's behalf? Yes
What work was allegedly infringed? If possible, please provide a URL:
http://github.com/eaaliprantis/tournamentbot
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:
http://github.com/finalhash/tournamentbot
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.
Yes I have searched. Below is a note that I would like to attach:
These are the events (and/or mistakes) that have occurred: Event 1: On or about May 3, 2016, SporkWitch: (a) without my permission or consent, posted my source code (which is stolen Intellectual Property) from my server (hosted on Digital Ocean, which he had access to) to his Github (which can be found here: https://github.com/sporkwitch/tournamentbot), (b) inserted the License (AGPL-3.0 License) into his repository (which therefore allows anyone to use this code freely), which (c) allowed anyone access to my source code (the Intellectual Property), again, without my consent or permission.
Event 1 Issue: My intention was never to have the code published nor to have the AGPL-3.0 License attached to it.
Event 2: After learning that SporkWitfch illegally posted my source code, I copied his repository and removed the license that SporkWitch had illegally attached (considering the fact that it is my source code and that I did not give permission to post, publicize, or add the license). Event 2 Issue: SporkWitch' DMCA Notice (which can be found here: https://github.com/github/dmca/blob/master/2016/2016-08-03-tournamentbot.md) is entirely unwarranted due to the fact that SporkWitch illegally obtained and posted MY source code, inserted the AGPL-3.0 License, and then had the audacity to file a DMCA Notice against me in regards to the removal of the license that he, [private], added when he illegally posted my stolen Intellectual Property source code.
The bottom line is that the source code is my Intellectual Property, SporkWitch illegally copied it from my server, posted it to his Github, added a AGPL-3.0 License, and then, when I changed my own source code back to its original form, SporkWitch filed a DMCA against me, falsely claiming that the Intellectual Property was his. It is my Intellectual Property, not his. Therefore, in response to Github's question to SporkWitch of "Are you the copyright owner or authorized to act on the copyright owner's behalf?," the answer is no, SporkWitch is not authorized to act on my, [private], copyright owner's behalf.
My question is: Why would Github allow SporkWitch, who stole my Intellectual Property source code off of my server; changed that stolen source code by adding an unauthorized license; and because I copied my own code and removed the unauthorized license, allow SporkWitch to file a fake/false DMCA against me? This doesn't make any sense why the rightful owner should have to defend against the actions of someone whom illegally stole, modified, and posted my Intellectual Property source code. If anything, SporkWitch should be made to remove his repository since he is not the rightful owner.
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?
No, there is no open source license due to the fact that the code was stolen from [private] and posted in response to a blackmail that he tried to start. SporkWitch's action (blackmailing) also got him expelled from SporkWitch.
What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?
Remove the repository completely.
Do you have the alleged infringer's contact information? If so, please provide it:
[private]
Phone: [private]
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 confirm
So that we can get back to you, please provide either your telephone number or physical address:
[private]
Phone: [private]
Email: [private]
Please type your full legal name below to sign this request:
[private]