4.5 KiB
DMCA complaint
Dear Sirs,
I have read and understand GitHub's Guide to Filing a DMCA Notice.
Moreover, I tried contacting the infringers directly, but they not only ignored me, but go on with the infringement and continue to disseminate my computer program through your service, thus encouraging all other GitHub users to catch up with the infringement by creating "forks" (par. F(1) of your ToS).
I have also consulted a lawyer and now am positive that neither such publication of my code on your website, nor creating any derivative works (which you call a "fork") are legal without my consent, as provided by the Russian (art. 1255, 1260, 1261, 1270 of the Russian Civil Code), US (par. 101, 103, 106 of title 17 of U.S. Code) and international (art. 2, 9, 11ter, 12 of Berne Convention for the Protection of Literary and Artistic Works, art. 1, 4, 8 of WIPO Copyright Treaty, to which both countries, USA and Russia, are the contracting parties) laws.
I am a sole author and reserve full copyright in my computer program "friGate", which I first created in 2013 and published it at Google Chrome Web Store on July 25, 2013 [Private], which I confirm by a PDF screenshot of my administrative panel at Google Chrome Web Store attached hereto. On July 22, 2013 I also registered a domain name for it - [Private]. My computer program at Google Web Store has more than 850 thousand users.
For your convenience I made available an initial and up-do-date code of my computer program at [Private]
According to par. "D" of you DMCA Takedown Policy (https://help.github.com/articles/dmca-takedown-policy/) I specifically ask you to exclude screenshots, URLs of my source code given in a paragraph above along with all my personal data, including contact details.
I retain full copyright and have not licensed anyone to use my computer program, save for Google according to their terms of publication computer programs at Google Chrome Web Store, which does not include rights of third parties (users) to rework, change or disseminate my code.
Your user "plugins-enemy" has made available a fork version of my computer program at https://github.com/plugins-enemy/free-gate. Before that he used a 100% copy of my work. Later he slightly modified a code (it is 95% similar, which I determined with SourceGear DiffMerge : Version 4.2.0).
Infringer not only uses my code, but also the name of the computer program I gave it, adding "fork" to my "friGate" – "friGate fork" (https://chrome.google.com/webstore/detail/frigate-fork-freegate-%D0%B1%D0%B5%D0%B7/bfbfcehpgihlcginpemiddkclhlifelg).
As long as the infringer himself directly confirms that his "friGate fork" is a modification of my popular computer program "friGate", there is no actual need in comparing the codes.
A description of the pirate computer program in issue reads: "You are on the extension of the popular modifications setup page friGate (our name - FreeGate CDN Proxy, that would not be confused). Please note that this fork (modify version), which is supported by other developers".
However, only those forks are legit which were done on the consent of a copyright holder, for instance if the latter has published his computer program at GitHub, thus providing a right to make those forks.
There is no fair use in such a use.
This notification is done in accordance to DMCA and GitHub rules and guidance.
It is in breach of par. A(8) of your ToS to use the Service for any illegal or unauthorized purpose, it is not allowed to violate any laws (including but not limited to copyright or trademark laws).
In accordance with DMCA and par. F(2) and F(7) of your ToS I request you to permanently remove the repository of user "plugins-enemy" available at https://github.com/plugins-enemy/free-gate and disable this content to any third parties, as well as preclude its reappearance at your website.
You can contact me by following details:
[Private], a resident of the Russian Federation residing at [Private]
[Private]
email: [Private]
Preferable means of communication is e-mail.
The contacts of the infringer I know are:
[Private]
I swear and confirm, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner of an exclusive right that is allegedly infringed.
I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by me as the copyright owner, or its agent, or the law.
Hereby I, [Private], by sending it from my email account sign this DMCA notification on May 25, 2016.