7.3 KiB
Are you the copyright owner or authorized to act on the copyright owner’s behalf?
Yes, I am the legal copyright owner.
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.
As part of a written legal agreement concerning my departure from the company I was granted full legal ownership of the aforementioned software.
I have the notarized written bill of sale signed by myself, and the former president of Daplie, which I would happily provide upon request.
Verbally we discussed that a method of fulfillment for that would be that the software repositories would be transferred to me, but they reneged and have been stringing me along for months on almost every aspect of the agreement (which included more than the software). I've tried to solve this peacefully, but have not been successful so I'm resorting again to legal action.
I would prefer that the software repos, most importantly Greenlock, were made private transferred to me, but it would be nearly just as well if they were simply taken down.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL:
Greenlock
(Let's Encrypt client for node.js)
node-greenlock: https://github.com/Daplie/node-greenlock
greenlock-express: https://github.com/Daplie/greenlock-express
greenlock-cli: https://github.com/Daplie/greenlock-cli
node-greenlock-python: https://github.com/Daplie/node-greenlock-python
le-challenge-dns: https://github.com/Daplie/le-challenge-dns
le-challenge-ddns: https://github.com/Daplie/le-challenge-ddns
le-store-SPEC: https://github.com/Daplie/le-store-SPEC
le-store-sql: https://github.com/Daplie/le-store-sql
le-store-mongo: https://github.com/Daplie/le-store-mongo
le-challenge-memory: https://github.com/Daplie/le-challenge-memory
le-challenge-manual: https://github.com/Daplie/le-challenge-manual
le-challenge-webroot: https://github.com/Daplie/le-challenge-webroot
rsa-compat.js: https://github.com/Daplie/rsa-compat.js
cert-info.js: https://github.com/Daplie/cert-info.js
OAuth3
(Browser & Node Key, Token, and Multi-Factor Authentication)
oauth3-cli: https://github.com/Daplie/oauth3-cli
com.daplie.connect: https://github.com/Daplie/com.daplie.connect
authenticator-cli: https://github.com/Daplie/authenticator-cli
browser-authenticator: https://github.com/Daplie/browser-authenticator
node-authenticator: https://github.com/Daplie/node-authenticator
authcodes: https://github.com/Daplie/authcodes
botp: https://github.com/Daplie/botp
Domains & DNS & mDNS
(Domain Registrar, DNS Hosting, and Browser & CLI management)
node-ddns-client: https://github.com/Daplie/node-ddns-client
daplie-tools: https://github.com/Daplie/daplie-tools
daplie-cli-dns: https://github.com/Daplie/daplie-cli-dns
ddns-webapp: https://github.com/Daplie/ddns-webapp
ddns-rest: https://github.com/Daplie/ddns-rest
ddns-nameserver: https://github.com/Daplie/ddns-nameserver
ddnsd-cli: https://github.com/Daplie/ddnsd-cli
node-ddns-server: https://github.com/Daplie/node-ddns-server
daplie-cli-domains: https://github.com/Daplie/daplie-cli-domains
Tunnel Server & Client
(Secure Tunneling Over TLS)
node-tunnel-client: https://github.com/Daplie/node-tunnel-client
daplie-cli-tunnel: https://github.com/Daplie/daplie-cli-tunnel
holepunch: https://github.com/Daplie/holepunch
Walnut
walnut: https://github.com/Daplie/walnut
cluster-store: https://github.com/Daplie/cluster-store
cluster-rpc: https://github.com/Daplie/cluster-rpc
daplie-cli-storage: https://github.com/Daplie/daplie-cli-storage
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.
It'll take some time to do that, let's just handle these first.
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 repositories themselves were supposed to be transferred to me and I changed the license. It would be fine for them to fork the software under the new license and terms of use (MPL-2.0), but the original license and terms of use as it relates to them are null and void. Our written agreement grants that they will uphold and affirm my ownership of the software. By not transferring the repos it makes it look as though they are the owners (many of the old links on the web still point to their copies).
What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?
Best: The repos should be transferred.
Next best: The repos should be deleted.
The new license does not allow for private modification.
They are free to fork the code under the new license as long as they adhere to the trademark policy.
Do you have the alleged infringer’s contact information? If so, please provide it:
They've taken down their website, changed phone numbers, removed their MX records, etc.
[private] of Daplie was the one who originally kept the software.
[private] of ClearCenter claims that he purchased the assets from Daplie, but after I discussed with him and showed the written bill of sale he's now claiming that he's going to back out of the agreement.
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/
Yes, I have.
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]