8.7 KiB
While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s).
Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to make changes.
- provided information on how to submit a DMCA Counter Notice.
To learn about when and why GitHub may process some notices this way, please visit our README.
Are you the copyright holder or authorized to act on the copyright owner's behalf?
Yes, I am the copyright holder.
Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?
No
Does your claim involve content on GitHub or npm.js?
GitHub
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
We are the company that develops the libraries which are uploaded without permission on GitHub.
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.
phpdocx and xmldocx are two document generation libraries. They are paid, commercial products, that is, a proprietary software.
https://www.phpdocx.com/
https://www.xmldocx.com/
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/dgolovachev/xmldocx
Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our Complaints about Anti-Circumvention Technology if you are unsure.
Yes
What technological measures do you have in place and how do they effectively control access to your copyrighted material?
These are paid products. Customers have to agree to the license requirements, including not sharing freely the code of the library.
How is the accused project designed to circumvent your technological protection measures?
The user is sharing the code of the libraries.
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.
There are no other forks that we can see.
Is the work licensed under an open source license?
Yes, meaning that it is allowed to modify the code of all of it, but software redistribution is not allowed. Open source is not the same as Free source. Please check our license conditions on the following answers.
Which license?
They are proprietary products. It is allowed to modify their source code but not to redistribute it.
How do you believe the license is being violated?
Here are the license conditions which the fork is violating:
https://www.phpdocx.com/license-conditions
This license gives the holder the right to install the PHPDOCX library package in ONE server.
This license also grants the holder the right to install the PHPDOCX library package in a private network, i.e. localhost or a LAN, for development and testing purposes but NOT for production.
The license holder is allowed to modify the source code of the PHPDOCX library in order to further adapt it to his needs but in no event will the original copyright holders of PHPDOCX be held responsible for action or actions resulting from any modifications of the source.
The license holder may not redistribute PHPDOCX in its current version or with any modification of the source code introduced by the holder.
The license holder CAN NOT redistribute PHPDOCX package as part of other product without the explicit permission by writing of the copyright holder of PHPDOCX.
The same thing applies to the xmldocx folders:
https://www.xmldocx.com/license-conditions
Copyright (c) Narcea Producciones Multimedia S.L.
General XMLDOCX license conditions
This irrevocable PERPETUAL LICENSE covers the current version package of XMLDOCX.
This license gives the holder the right to install the XMLDOCX library package in ONE server.
This license also grants the holder the right to install the XMLDOCX library package in a private network, i.e. localhost or a LAN, for development and testing purposes but NOT for production.
The license holder is allowed to modify the source code of the XMLDOCX library in order to further adapt it to his needs but in no event will the original copyright holders of XMLDOCX be held responsible for action or actions resulting from any modifications of the source.
The license holder may not redistribute XMLDOCX in its current version or with any modification of the source code introduced by the holder.
The license holder CAN NOT redistribute XMLDOCX package as part of other product without the explicit permission by writing of the copyright holder of XMLDOCX.
The license holder will not remove or modify any copyright notice from any of the source files included in the XMLDOCX package.
Limitations of use
The license holder may NOT offer, for free or for a fee, the services provided by XMLDOCX in conjunction with its own services as part of a SaaS or a PaaS.
Limitation of liability
In no event, except for intellectual property claim, shall the copyright holders of XMLDOCX be liable for any damages whatsoever, including, but not restricted to, lost revenue or profit or other direct, indirect, special, incidental or consequential damages, except to the extent invariable law, if any, provides otherwise.
Limited warranty
XMLDOCX warrants that licensor is owner of the software with authority to license the software to licensee and that the software does not infringe third party intellectual property rights. Licensor agrees to indemnify, defend and hold harmless licensee from any claims either that licensor does not owns the software or that the software infringes a third party's intellectual property.
THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL NARCEA PRODUCCIONES MULTIMEDIA S.L. OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
What changes can be made to bring the project into compliance with the license? For example, adding attribution, adding a license, making the repository private.
Ideally we ask the repository to be taken down, removed. Or at least made private.
What would be the best solution for the alleged infringement?
Reported content must be removed
Do you have the alleged infringer’s contact information? If so, please provide it.
We have no contact information of this person, that's why we fill this form. Thanks in advance for your help.
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 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 have read and understand GitHub's Guide to Submitting a DMCA Takedown Notice.
So that we can get back to you, please provide either your telephone number or physical address.
2mdc (Narcea Producciones Multimedia)
[private]
Address :
[private]
[private]
Please type your full legal name below to sign this request.
[private], Narcea Producciones Multimedia.