|
| 1 | +Before disabling any content in relation to this takedown notice, GitHub |
| 2 | +- contacted the owners of some or all of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work). |
| 3 | +- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice). |
| 4 | + |
| 5 | +To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md#anatomy-of-a-takedown-notice). |
| 6 | + |
| 7 | +--- |
| 8 | + |
| 9 | +**Are you the copyright holder or authorized to act on the copyright owner's behalf? If you are submitting this notice on behalf of a company, please be sure to use an email address on the company's domain. If you use a personal email address for a notice submitted on behalf of a company, we may not be able to process it.** |
| 10 | + |
| 11 | +Yes, I am the copyright holder. |
| 12 | + |
| 13 | +**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?** |
| 14 | + |
| 15 | +No |
| 16 | + |
| 17 | +**Does your claim involve content on GitHub or npm.js?** |
| 18 | + |
| 19 | +GitHub |
| 20 | + |
| 21 | +**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.** |
| 22 | + |
| 23 | +I am the [private] and the copyright owner of Potrace (https://potrace.sourceforge.net/). |
| 24 | + |
| 25 | +**Please provide a detailed description of the original copyrighted work that has allegedly been infringed.** |
| 26 | + |
| 27 | +The original copyrighted work is the Potrace software. Potrace is a tool for tracing a bitmap, which means, transforming a bitmap into a smooth, scalable image. |
| 28 | + |
| 29 | +**If the original work referenced above is available online, please provide a URL.** |
| 30 | + |
| 31 | +https://potrace.sourceforge.net/ |
| 32 | + |
| 33 | +**We ask that a DMCA takedown notice list every specific file in the repository that is infringing, unless the entire contents of the repository are infringing on your copyright. Please clearly state that the entire repository is infringing, OR provide the specific files within the repository you would like removed.** |
| 34 | + |
| 35 | +**Based on the above, I confirm that:** |
| 36 | + |
| 37 | +Specific files within the repository are infringing |
| 38 | + |
| 39 | +**Identify only the specific file URLs within the repository that is infringing:** |
| 40 | + |
| 41 | +The repository is https://github.com/stacksjs/ts-potrace/ |
| 42 | + |
| 43 | +Withing the repository, at least the following files are derived from the Potrace source code and therefore collectively infringing: |
| 44 | + |
| 45 | +src/Potrace.ts |
| 46 | +src/utils.ts |
| 47 | +src/types/Curve.ts |
| 48 | +src/types/Opti.ts |
| 49 | +src/types/Path.ts |
| 50 | +src/types/Point.ts |
| 51 | +src/types/Quad.ts |
| 52 | +src/types/Sum.ts |
| 53 | + |
| 54 | +Further evidence for the fact that it is a derivative work is that they actually say so in the README.md file. |
| 55 | + |
| 56 | +**Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice#complaints-about-anti-circumvention-technology">Complaints about Anti-Circumvention Technology</a> if you are unsure.** |
| 57 | + |
| 58 | +No |
| 59 | + |
| 60 | +**If you are reporting an allegedly infringing fork, please note that each fork is a distinct repository and <i>must be identified separately</i>. Please read more about <a href="https://docs.github.com/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork">forks.</a> As forks may often contain different material than in the parent repository, if you believe any of the repositories or files in the forks are infringing, please list each fork URL below:** |
| 61 | + |
| 62 | +**Is the work licensed under an open source license?** |
| 63 | + |
| 64 | +Yes |
| 65 | + |
| 66 | +**Which license?** |
| 67 | + |
| 68 | +gnu-general-public-license-v2.0 |
| 69 | + |
| 70 | +**How do you believe the license is being violated?** |
| 71 | + |
| 72 | +The infringing repository is licensed under an MIT license. This violates the terms of the GNU General Public License v2.0 (GPL) because the GPL does not permit redistributing the work under a license that is incompatible with the GPL. |
| 73 | + |
| 74 | +Specifically, Section 2b of the GPL specifies "You must cause any work that you distribute or publish, that in whole or in part contains or is derived from the Program or any part thereof, to be licensed as a whole at no charge to all third parties under the terms of this License" (i.e., derivative works must be licensed under the GPL). Further, Section 4 of the GPL specifies "You may not copy, modify, sublicense, or distribute the Program except as expressly provided under this License." |
| 75 | + |
| 76 | +The right to redistribute the work under an MIT license is not provided by the GPL, and therefore violates Section 4. |
| 77 | + |
| 78 | +[private] reported the violation to the owners of the infringing repository 2 days ago by opening this issue: [private] However, they have not reacted. |
| 79 | + |
| 80 | +**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.** |
| 81 | + |
| 82 | +The two options are: |
| 83 | + |
| 84 | +* Stop distributing the infringing parts of ts-potrace altogether. This would probably require deleting the repository, since otherwise, the infringing parts would remain in the repository history. |
| 85 | + |
| 86 | +* Remove the MIT license and license ts-potrace under the GNU General Public License only. |
| 87 | + |
| 88 | +**Do you have the alleged infringer’s contact information? If so, please provide it.** |
| 89 | + |
| 90 | +I only have the contact information listed on GitHub. |
| 91 | + |
| 92 | +The README.md also gives the following: [private] |
| 93 | + |
| 94 | +There is also this URL, which seems to be affiliated with the creators: [private] |
| 95 | + |
| 96 | +**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.** |
| 97 | + |
| 98 | +**I have taken <a href="https://www.lumendatabase.org/topics/22">fair use</a> into consideration.** |
| 99 | + |
| 100 | +**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.** |
| 101 | + |
| 102 | +**I have read and understand GitHub's <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.** |
| 103 | + |
| 104 | +**So that we can get back to you, please provide either your telephone number or physical address.** |
| 105 | + |
| 106 | +[private] |
| 107 | + |
| 108 | +**Please type your full name for your signature.** |
| 109 | + |
| 110 | +[private] |
0 commit comments