5.6 KiB
Are you the copyright owner or authorized to act on the copyright owner's behalf?
Yes.
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.
The work that has been infringed is called Zero Brush. It is an addon for Blender. It was not licensed under GNU GPL or any other opensource license. The software can only be aquired from blendersensei.com via purchase. The version the user Judivic has uploaded was also obtained illegally (not in accordance with the software license, terms and conditions), as that version "1.8.3" is a version that has been widely leaked during the past few months (please not in his READ ME file located in his repository he makes a request that anyone with a newer version than 1.8.3 please add it) . You can download the actual product license for Zero Brush on this page: https://blendersensei.com/download/zero-brush-license-agreement/
Or download it directly via this link: https://blendersensei.com/download/zero-brush-license-agreement/
I am the sole creator, distributor and owner of this property (Zero Brush). While Blender addons are generally released under GNU GPL there is a file which ships with Blender "copyright.txt" which contains an article "Grant of License" which states that scripts created with Blender are the sole property of their creators and may be licensed and sold under whatever conditions they prefer. This file can be found after downloading and installing any official version of Blender from the official Blender download page blender.org/download in the Blender Foundation settings folder, the verbatim article from copyright.txt as distributed by the Blender Foundation says this:
- Grant of License
Subject to the provisions of the GNU GPL license, BF grants You a non-exclusive right to use the Software at any computer You own or use. Artwork you create with the Software – whether it is images, movies, scripts, exported 3d files or the .blend files themselves – is your sole property, and can be licensed or sold under any conditions you prefer.
Please note the last statement in the article makes no reference to the first (or anywhere else in the copyright.txt document) regarding the GNU GPL. All of this is besides the fact that the user Judivic does not speak or operate on the behalf of the Blender Foundation, and has no right to steal my software, replace its license, terms and conditions then reupload it to your site, costing me potentially thousands of dollars in damages and hurt my customers which rely on free updates from my website to keep their purchases working with the latest versions of Blender.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:
Please remove the entire repository here: https://github.com/judivic/zerobrush
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 did not find any forks of the software in question.
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?
The work is not licensed under an open source license. They are in violation of the software license. Please see the actual license linked above.
What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?
This person emailed me out of the blue demanding that I change the license on the software he acquired illegally, then when I wouldn't comply, he uploaded my software, and rewrote my terms to say whatever he wanted before uploading it to your site. Please take this down.
Do you have the alleged infringer's contact information? If so, please provide it:
He is the user "judivic" on your website. He first contacted me making his demands with this email address [private], but I've since tried to respond to him and get mailer daemon responses.
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 your 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]
Please type your full legal name below to sign this request:
[private]