dmca/2015/2015-10-22-MCS-4.md

6.9 KiB

This DMCA Takedown Notice applies to the material hosted by GitHub at the following URL:

https://github.com/fabriziotappero/ip-cores/tree/processor_4004_cpu_and_mcs-4_family_chips

I do hereby attest:

  1. The above identified branch of this repository contains materials authored by me and published to the OpenCores.org site under a Creative Commons "Attribution-NonCommercial-ShareAlike" Public License.
  2. Each of the files containing material I authored contains a statement claiming copyright for myself as copyright holder, and stating my OpenCores email contact address "[private]".
  3. Each of the files containing material I authored describes the license terms in brief, and refers to the detail found in the "doc/License.txt" file also included in the repository.
  4. The material I authored may be considered to be derived from the Intel 4004 Schematics, which were released by the Intel Corporation under a Creative Commons license. A copy of Intel's license grant is included in the repository in the file "doc/Intel_IPNC_License.pdf".
  5. This branch of the GitHub repository also contains what appear to be files from some other project (an AC97 implementation, possibly). These files appear to be licensed under the GNU General Public License (GPL) or Lesser General Public License (LGPL). A copy of the GPL and LGPL license are included as files in "doc/gpl.txt" and "doc/lgpl.txt". These files were not included in my source repository.
  6. When viewing the repository at the URL listed above, a license statement is displayed claiming "This code is free software; you can redistribute it and/or modify it under the terms of the http://www.gnu.org/licenses/gpl.html (GNU General Public License) as published by the Free Software Foundation; either version 2 of the License, or (at your option) any later version."
  7. By my good faith belief and understanding, the GPL and LGPL licenses are irreparably incompatible with the Creative Commons "Attribution-NonCommercial-ShareAlike" Public License under which I published the materials I authored.

I do hereby claim:

  1. The presentation of the materials I authored under the banner of the GPL is contrary to and infringing upon the plainly stated license under which I published my materials.
  2. The presence of GPL- and LGPL-licensed sources in the same directories as my non-GPL- and non-LGPL-licensed materials is likely to create confusion and incorrect belief that my materials may be used under the terms of the GPL or LGPL license, leading to infringement upon my copyright.
  3. The presence of GPL- and LGPL-license descriptions in the same directory as the correct Creative Commons license description in the "doc/" subdirectory is likely to create confusion and incorrect belief that my materials may be used under the terms of the GPL or LGPL license, leading infringement upon my copyright.
  4. I do NOT authorize or agree to relicensing of my copyrighted materials, under the GNU General Public License or any license other than that stated in the materials.

The files listed below were authored by me in their entirety and reproduced in this GitHub repository verbatim:

  • doc/License.txt
  • pcb/4004-master/i4004-master.pdf
  • pcb/4004-master/i4004-master.sch
  • rtl/verilog/alu.v
  • rtl/verilog/counter.v
  • rtl/verilog/i4004.v
  • rtl/verilog/instruction_decode.v
  • rtl/verilog/instruction_pointer.v
  • rtl/verilog/scratchpad.v
  • rtl/verilog/timing_io.v

The file listed below contains a PDF copy of Intel Corporation's license grant for use of the Intel 4004 schematic and other historical materials.

  • doc/Intel_IPNC_License.pdf

Any non-directory file not listed above is extraneous to the OpenCores.org repository "scraped" to create this GitHub repository branch.

The OpenCores.org project from which these files were "scraped" is found at the URL below. Note that it may be necessary to register on the site (free) to download the project repositories; browsing the project and the repository does not require registration.

http://opencores.org/project,mcs-4

To remedy this infringement I propose the following actions:

  1. Remove from the above identified GitHub repository all of my copyrighted materials. Such deletion shall be performed in such a manner that all copies are totally removed from the repository and the repository's history. Merely performing a new GIT commit that removes these files from the head of the branch is NOT ACCEPTABLE.
  2. Take action to prevent my copyrighted materials from reappearing in this repository, to include but not limited to being "scraped" from the OpenCores.org site in the future, by restoration of backups, or any other action whether initiated by the repository maintainer or by others.

As an alternative, the following actions may be acceptable:

  1. Remove from the above identified GItHub repository branch all material licensed under conflicting licenses, specifically but not limited to the GNU General Public License and GNU Lesser General Public License.
  2. Remove from the above identified GItHub repository branch the files containing the texts of the GNU General Public License and GNU Lesser General Public License.
  3. Remove from the above identified GItHub repository branch the erroneous license statement claiming the material is licensed under the GNU General Public License.
  4. Take action to prevent future mixing of files containing incompatible licenses and prohibit modification of the license statements contained in the copyrighted files and the copyright descriptions found in the "doc/" subdirectory.
  5. All file removal actions are to performed in such a manner that all copies are totally removed from the repository and the repository's history. Merely performing a new GIT commit that removes these files from the head of the branch is NOT ACCEPTABLE.

Note also that my project repository on the OpenCores.org website was not the only repository "scraped" for inclusion in this GitHub repository. While some of the OpenCores.org projects are indeed licensed under the GPL, most are not. Most are explicitly licensed under the LGPL, which is contrary to the GPL license claimed by this GitHub repository. Others, such as mine, are licensed under terms clearly incompatible with the GPL. It appears no consideration was made to differentiate between GPL, LGPL, or GPL-incompatible projects when the site was "scraped" to produce this agglomeration of independent and individually-licensed projects. Thus this repository may be the target of further takedown notices for similar infringements.

Now to the "i dotting" and "t crossing" (IANAL):

I have read and understand GitHub's Guide to Filing a DMCA Notice.

*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 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.

/signed/ [private] *