dmca/2022/01/2022-01-26-edison-website-t...

6.4 KiB
Исходник Ответственный История

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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.

My name is [private] and I am the [private] of PE MERKULOVE TEAM. I claim infringement of my copyright for Edison Website Template.

Edison Website Template was was parsed from our demo site and pushed to this public repository without permission. The original product is distributed only under the split license of Envato(https://codecanyon.net/licenses/standard) The license prohibits distributing the plugin in any way, including publishing it for free. The license terms apply to its individual HTML, JS scripts, CSS, SASS etc.

The original Website Template, to which we own the exclusive copyrights, can be found at:
https://themeforest.net/item/edison-online-education-website-template/35710648

The unauthorized and infringing copy can be found at:
https://github.com/iTesseract/iTesseractDemo

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.

Should you wish to discuss this with me please contact me directly.

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 original product is distributed only under the split license of Envato(https://codecanyon.net/licenses/standard) The license prohibits distributing the plugin in any way, including publishing it for free. The license terms apply to its individual HTML, JS scripts, CSS, SASS etc.

[private] the presence of only minified code in the repository, as well as the presence of our key from Google Analytics and Google Maps, indicates that this repository was illegally downloaded from our server [private]

What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL.

Entry repository https://github.com/iTesseract/iTesseractDemo

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.

No

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.

We got a message from Google, here it is [private] The repository specified in the email has been moved to a new account [private] That's all we've been able to find out.

Is the work licensed under an open source license?

No

What would be the best solution for the alleged infringement?

Other Change

Describe the change.

The repository owner must immediately acquire licenses to use this product(https://themeforest.net/item/edison-online-education-website-template/35710648) and provide a license code. And also immediately hide the repository from public access.

Otherwise, I request that the repository be deleted and the account received a ban.

Do you have the alleged infringers contact information? If so, please provide it.

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.

[private]