Messages in this thread | | | Date | Mon, 11 Feb 2019 23:10:18 +0000 | From | mikeeusa@redchan ... | Subject | Re: DMCA takedown notice |
| |
You take it down or I sue you, simple as that.
I have revoked the license from a number of people, including the John Doe who has chosen to violate my copyright thence-forth.
I have signed using my 2 decades long held pen-name.
The U.S. Code defines an electronic signature for the purpose of US law as "an electronic sound, symbol, or process, attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to sign the record."
My signing with my pen-name suffices for this purpose. What is important is my intent to sign the record, which I have evinced.
I have also posted the information on my long-held project page, so that you may know that I am me: https://sourceforge.net/projects/gpcslots2/files/notes/
https://sourceforge.net/projects/gpcslots2/files/notes/tkdnreq_github.txt/download https://sourceforge.net/projects/gpcslots2/files/notes/takedownreq_vs_johndoe-of-8ch.txt/download
(I have also uploaded this response to said /notes/ directory)
In addition to many other places. Your contention that I must do anything greater at this point is legally inefficacious.
I _DEMAND_ that you take the offending material down immediately.
--MikeeUSA-- (Author of GPC-Slots 2) (electronic signature)
On 2019-02-06 21:20, GitHub Staff wrote: > Hi MikeeUSA, > > Thank you for your notices, the most recent of which is included below > for reference. > > This DMCA notice is incomplete. It lacks "A physical or electronic > signature of a person authorized to act on behalf of the owner of an > exclusive right that is allegedly infringed" and "Information > reasonably sufficient to permit the service provider to contact the > complaining party." > > Unfortunately, an electronic signature must be a legal name, not a > monicker or username, and we cannot accept disposable or temporary > email addresses as reliable contact information for a DMCA notice. > > Once you've revised your notice to include the required details, > please send back the entire revised notice, and not only the corrected > sections. Once we've received a complete and actionable notice, we'll > process it expeditiously. > > Thanks, > > GitHub Staff > ------------------------- > > 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. > : > > As you may know, In the United States; a license, absent an attached > interest, is revocable. > > A "John Doe" had his non-exclusive license regarding the game > "GPC-Slots2" terminated by the copyright owner (me: MikeeUSA). > The copyright owner may do this as-of-right, unless there is an > attached interest (ie: unless the licensee paid good consideration for > the license). > > The "John Doe" then proceeded to belligerently upload a copy of > "GPC-Slots2" to your host, GitHub. > This violated Author's (my) copyright, since "John Doe"'s gratuitous > bare license had been terminated by the copyright holder (me). > > The "John Doe" then proceeded to modify my work, which again violated > my copyright since I had previously revoked his license. > The license flows from me, the copyright owner, not any text. It is > permission to use, redistribute, modify, etc. Instructions on how to > use my property. > When such permission is not supported by any consideration, it may be > rescinded by the owner, at his will. > (/Regardless/ of the "terms". "Terms" are only enforceable against the > grantor if the licensee has paid consideration for them, essentially, > under US law.) > > I have done so. > > I reiterated to the "John Doe" that his license had been terminated. > > "John Doe" then informed me that I "can't do that". I tried to explain > to him US law. > "John Doe" declared that he did not care and would keep the violating > work up, in defiance of me. > (IE: he would "pirate" it) > > He then cited works from a discredited paralegal while I cited > published works by lawyers studied in their field. > > (Note: I make no claim to PERL, the color ansi library, any supporting > libraries, or the -2 split screen function. My copyright covers the > game code of GPC-Slots2. I (MikeeUSA) am the original author of the > work and never signed over copyright to the work.) > (Note: "obeying the terms" (obeying the copyright holders instructions > regarding the use of his property) is not consideration: it is a > preexisting legal duty: outside of the "terms" there is no right for > the licensee to copy, modify, make derivative works, distribute, > distribute derivative works) > > [Additionally "John Doe" registered a fraudulent account under my > long-held non-de-gurre, adding a Code of Conduct ("CoC"), something I > would never do (being opposed to "CoC" for gratis projects on > principal)] > > I now have no choice but to issue a DMCA take-down request, to you, > GitHub. > > Regrettably; > --MikeeUSA-- > (electronic signature) > Jan 29, 2019 > > (Addendum: "John Doe" then uploaded the modified work to gitlab.com > and bitbucket.org > > Contact information: > email: mikeeusa@redchan.it > > infringing content: github.com/MikeeUSA/GPC-Slots-2 > gitlab.com/MikeeUSA/GPC-Slots-2 > bitbucket.org/MikeeUSA/gpc-slots-2 > The material is not authorized by me, the copyright owner of the > GPC-Slots2 game code, as I explicitly rescinded the license from the > "John Doe", and he acknowledged that I had informed him of such and > communicated that he would defy my will regarding my property and > copyright. > Everything stated within this above communication is accurate to the > best of my knowledge and ability. > > Some notices to you, github (and now gitlab and bitbucket): > 1) Yes I viewed your page at: > https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/ > 2) Yes this is "opensource" code. > 3) No that does not matter: > The GPL(any version), being a bare license, is revocable > ("retroactively"). > Just as any bare license, not supported by an interest, in the US. > The "John Doe" is not in privity of contract with me and has paid me > no consideration. > He cannot "bind" me (the grantor) to the terms. > It is his duty to abide by my instructions regarding my property. > I did not transfer my property away, the license is just that: a > license (temporary permission, that can be rescinded unless a "term" > was indeed "purchased") > It is also his duty to cease all use, modification, distribution of my > property at my demand. > I have made such a demand. > 4) Yes I will consider taking legal action against you if you do not > heed my request. > Cite the paralegal from groklaw, ZDnet, the FSF, and the SFConservancy > all you want. > They are wrong on the law and have been wrong for 10 years.
| |