4.1 KiB
Are you the copyright holder or authorized to act on the copyright owner's behalf?
Yes, I am authorized to act on the copyright owner's behalf.
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
My name is [private] and I am [private] at Upwork and I have authority to act on behalf of Upwork related to preserving its intellectual property rights.
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 full Upwork site is available at www.upwork.com. Upwork is a platform that allows independent professionals across hundreds of fields to connect with clients looking for their skillset and expertise.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/blaiti/React-Native-UpWork-App
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.
No
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?
No, the user is not licensed to use Upwork's intellectual property in this way. The copyright infringement is in violation of any access and use license the user may have. As stated in Upwork's Software License Agreement (availabe at https://www.upwork.com/legal#softwarelicense), Upwork provides users a limited, "non-exclusive, non-transferable right to use the executable code version of the Software for your use solely in connection with work you perform on or through the Site," and explicitly states that users may not "modify, display, adapt, translate, loan, distribute, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software." On the issue of copyrighted works, Upwork's Mark Use Guidelines explicitly state: "You may not use screenshots of or videos of navigation of the Site (as defined in the Site Terms of Use) or other works copyrighted by Upwork without Upwork’s written permission. Rights to screenshots of user profiles, communications, and work product on Upwork may need to be obtained from the User. You may not use such screenshots anywhere for any purpose without written authorization. Upwork cannot grant you permission to use screenshots that include third-party content." User does not have a license or any other right to use Upwork's copyrighted material in this way and Upwork requests immediate removal.
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 user seems to be attempting to create works that mimic Upwork's Site at www.upwork.com. Upwork's copyright rights are so intertwined with the user files that the entire files need to be removed.
Do you have the alleged infringer’s contact information? If so, please provide it.
No
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]
Upwork
[private]
[private]
Please type your full legal name below to sign this request.
[private]