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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?
Yes
Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.
1584599
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.
The platformSDK includes libraries and drivers code developed by Horizon, and is for developing devices based on Horizon's chip. There are copyright notices in code files.
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 platformSDK includes libraries and drivers code developed by Horizon, and is not open to the public and only delivered to Horizon's customers.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/nickfox-lt/HorizonPlatformSDK
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?
When we deliver SDK to our customer, there is NDA signed, customer can not deliver to others or to public without Horizon's permission.
How is the accused project designed to circumvent your technological protection measures?
We do not know how he/she circumvent our technological protection.
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?
Yes
Which license?
GPL, LGPL.
The SDK includes multiple parts with different licenses, some are open source license.
For the GPL code, according to license, our customer can deliver to public as a company's behaviour, but not as a personal behaviour.
How do you believe the license is being violated?
Kernel, Uboot, hbre/libalsathese, three folders include 3rd party open source codes, but in kernel, there are also Horizon copyrighted codes, which are only delivered to Horizon’s customers according to GPL.
Only Horizon’s customers have the rights to redistribute, and other persons do not have rights to redistribute.
The folders in kernel that have Horizon’s copyrighted codes are listed below:
drivers/media/platform/hobot/
drivers/media/i2c/x2_camera/ arch/arm64/boot/dts/hobot/ drivers/crypto/hobot/ drivers/clk/hobot/ drivers/dma/hobot_dma* drivers/dma/hobot_dma* drivers/gpio/gpio-hobot-x3.c drivers/pinctrl/hobot/ drivers/hwmon/hobot-* drivers/w1/ drivers/watchdog/hobot_wdt* drivers/power/reset/hobot-reboot.c sound/soc/codecs/ sound/soc/hobot/ drivers/tty/serial/hobot_serial* drivers/i2c/busses/i2c-hobot.c drivers/spi/spi-hobot* drivers/spi/spi-hobot-qspi.* drivers/mtd/spi-nor/controllers/hobot-qspi.c drivers/mmc/host/dw_mmc-hobot.* drivers/mmc/host/dw_mmc.* drivers/net/ethernet/hobot/ drivers/soc/hobot/
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.
The reported contents must be removed.
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.
No, I do not have any alleged infringer’s contact information.
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]
Please type your full legal name below to sign this request.
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