4.4 KiB
Are you the copyright owner or authorized to act on the copyright owner's behalf?
Yes, there is a pending application to federally copyright the works described under my name and my companies name - Advanced Kinetic Systems, LLC
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 original website can be found @ www.hamsters.io
I can also provide links to snapshots of the website dating back almost 3 years from todays date, included within the website is proprietary code including the benchmark logic and the trade dress of the site including the header text, icon choices and overall color scheme. Additionally the infringer in question is making use of logic directly sourced from both the benchmark logic on the hamsters.io domain and pieces of the hamsters.js repository without adhering to the licensing guidelines or giving attribution for logic sourced from the hamsters.js codebase.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:
https://threeletters.github.io/Accel/
https://github.com/ThreeLetters/Accel
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, https://github.com/Andrews54757/Accel is one that I am currently aware of.
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?
Yes, the original Hamsters.js repo and codebase is published under the Artistic License 2.0, the infringing files are being used in violation of the license. From my understanding the license does not grant a persons to take pieces and publish it under a different license and modifications must be stated if they are to be distributed under a different name.
The website itself, is not published under any open source license and the proprietary logic contained within the benchmark logic is not open for use in any fashion except for the explicit purpose of the provided demonstration url. www.hamsters.io/performance
What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?
The best solution will be for the user to cease and desist the blatant infringement and copying of the website trade dress and remove the pieces of logic they are using in violation of the license agreement the Hamsters.js repository is published under.
Do you have the alleged infringer's contact information? If so, please provide it:
The contact information I have on hand currently is simply their email address, [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:
I can be contacted by phone @ [Private]
Please type your full legal name below to sign this request:
[Private]
Original Works
[private]
Infringing Content
[private]
Supporting Documentation - Attempts to resolve without DMCA takedown
[private]