dmca/2015/2015-07-22-Dedual-Enterpris...

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Greetings,
My name is [private]. It grieves me
to reach out in this manner, but I believe that code of which I am the
author of has been illegally forked and commandeered. I have read and
understand Github's Guide to Filing a DCMA Notice, and having read and
understood the guidelines, I have proceeded to file this claim.
The code is question resides at
[private]. It is a private
Github repository containing the code written for a project I was
subcontracted to perform for the Sneakers Agency. The main repo for the
original code resides at
[private], also a
private repository. As you can see, the offending repo (Barbarian's
[private] repo) was duplicated as of April 27th, 2015. Up until then,
and substantially afterward, I was the only author on the repo, as I was
the only individual who wrote and incorporated the software. While there
are open source components involved in this project (Tesseract OCR, ZBar,
and others), there is enough proprietary code written to claim both
ownership and authorship over the project. Among those, specifically, are
the algorithms used in [private], including but not limited to
those pertaining to what has been termed as "Lexical processing" (including
functions "postProcessing", "mostLikelyComputedFromStack", and others) and
the overall integration of the project (the fact that it utilizes video
rather than static images, the integration of multiple scanning
technologies, etc), as well as some of the demo projects written to
showcase how the framework was to be used. Dedual Enterprises also wrote
the Android components as well, as they utilized the same logic, only more
specifically tailored for Android.
The offending repository was duplicated by one [private] (github
username dannichols) of The Barbarian Group. He can be reached at
[private]
[private] had hired The Sneakers Group to create this code. However, as
of this day, they have not met the terms of their agreement with The
Sneakers Agency. Barbarian has also refused to pay for services rendered,
and have taken the next step by appropriating an older version of the
repository. To what purpose? Only they can speak to that.
I currently do not have, nor have ever had, a contract with either
Barbarian or Sneakers Agency (the current repository owners), where I
assign my authorship or copyright of what we've termed as the OCR code
(herein describing the contents of either repository) to anyone else or any
other entity. Dedual Enterprises is the owner and copyright holder of this
code. To remedy this infringement, we would need for the offending
repository to be deleted, any local codebases that have cloned or used the
offending repository (or any based off of the copyrighted code) to be
deleted, as well as proof, through the supervision of one of our
representatives and under perjury under the law, that all traces of the
offending code have been deleted from [private's] computers, Barbarian's
computers, and any computers [private] or his agents may have had access
to in order to duplicate said repository. The fact that they have been able
to do this once implies they are capable of doing this many times over.
It is a sad day when developers work their best and still have to bear
witness to these tactics. With a pain in my heart for what has happened
under the current circumstances, *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. Further, **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.*
*Thank you for your attention in this matter. *
*Sincerely, *
[private]