8.1 KiB
Are you the copyright holder or authorized to act on the copyright owner's behalf?
Yes, I am the copyright holder.
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
I am submitting again with the "revised" sections as asked and updated link to repository. I have read and understand GitHub's Guide to Filing a DMCA Notice. I am the full copyright owner to all of the content in the repository. I also have copyright agreements with the 2 other main developers where they state that they have transferred their copyright to me. I have already engaged in legal actions against the infringer ([private]/ [private]) in order to get back what they have stolen however it is also imperative that GitHub also takes action in this matter.
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.
Link to website: https://www.thesearchbase.com/
Link to private repository (our access has been deleted): [private] (As repository is private there is no way of knowing if this has not been eddited)
The software we created is a Recruitment Automation and Outreach software that can do range of tasks from mass email/SMS to chatbot data collection and CRMs Integration. The person who we have been working with has had no part in the creation of the software but rather was just the one that was the first to register the repository on GitHub and exploited that to kick us off our own work and try to claim it for his own. Me and my team are namely [private] ([private]), [private] ([private]) and [private] ([private]) and are the sole creators of the software with exception of some part time people that had done some minor adjustments to it.
The work consists of a Python Back End, React Front end and React Chatbot. This is split in 3 folders under the repository. The software itself features Campaign Outreach which to send mass SMS/Emails to Recruiter's candidates, allow putting chatbots on their website, edit these chatbots in various ways and more.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
Link to website: https://www.thesearchbase.com/
Link to private repository (our access has been deleted): [private] (As repository is private there is no way of knowing if this has not been eddited)
All of the work under that repository is of our own creation (the 3 people I mentioned above). Only a few minor pieces are credited to some part time developers which can easily be taken out if disputed. The offending person that has revoked the access to our own creation (user VitzzViperzz) has had no part in the creation of it and has no rights or copyrights over the content.
Here one of your colleagues asked I provide more information yet I am unsure which part of "All of hte work under that repository" is unclear. To provide further detail, all of the files under the repository ([private]) have been solely been developed by me and my team of other 2 people and wish all of it to be taken down. Like already mentioned they have already transferred their copyright to me, in order to be able to initiate legal actions against the infringer. Note that some of the work can also be credited to part-time contractless developers however their work is extremely minor and on top of ours meaning that we still own the copyright over at least 95% of the repository content.
In specific the files the were created or originated from work by me or the 2 developers is: all files under main folder 'Server', all files under main folder 'Client' with the exception of subfolder 'Campaign' inside folder 'src', all files under main folder 'Chatbot' - this one is a bit more complicated as it was remade several times, 2 times by [private] and 1 time by [private] (a part time developer) who used the previous work as template and since [private] has once again been the only one working on it.
We can get in a lot of detail as to what lines of code belong to who however there is no time for that as this repository is being COMERCIALLY used as we are exchanging emails and tickets. There needs to be action taken immidietly and after that we can get into deep discussions as to what lines belong to who. In short ALL files under the TheSearchBase repository are either belonging to me and the other 2 developers who transfered their copyright to me or are derived from our work.
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.
Currently there are no forks that are of any concern. The main purpose is to stop the current repository from continuing operations illegally against the wishes of its content's authors. The repository is private and I cannot know if any forks have been made. I will be relying on GitHub, if any such exist, to have records of them been cloned. If there are any then naturally they will also need to be taken down.
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?
There are no licenses, contracts, agreements or documentation which to state who owns the work. This means that the UK Law dictates that the author of the work is its sole owner. As such me and the other 2 developers mentioned are the owners of the content we have created. This is also taking in mind the copyright agreements they have signed transferring their rights to me which I can provide when requested. This has already been discussed with my lawyer and they have confirmed that this is in fact the way Copyright in the UK works.
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?
The repository is private and we used to have access to it until the infringer seized our control and is currently trying to steal it. We are 50:50 shareholders, me and him, however we do not share the copyright. Like I said I am already proceeding with legal actions against him and can fully prove that I am the owner of all the work inside the repository. The solution to this would be either for the rights as "Owner" account of the repository to be moved to my account ([private]) or at the least not allow the infringer to continue to operate freely under GitHub with my copyrighted work. It cannot be allowed, while we are chatting and trying to get the details right of the DMCA form, for the infringer to continue to commercially operate with the stolen work. I request that appropriate action is taken imminently and then we can clear out any more details.
Do you have the alleged infringer’s contact information? If so, please provide it.
I can provide full contact information for the infringer. The most important I would assume is:
[private]
[private]
[private]
More information can be provided for all mentioned parties as requested.
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.
[private]
[private] (GitHub account uses [private] however my preferred contact email would be [private])
[private]
[private]
Please type your full legal name below to sign this request.
[private]