From mboxrd@z Thu Jan 1 00:00:00 1970 Return-Path: X-Spam-Checker-Version: SpamAssassin 3.4.0 (2014-02-07) on aws-us-west-2-korg-lkml-1.web.codeaurora.org X-Spam-Level: X-Spam-Status: No, score=-6.1 required=3.0 tests=DKIM_SIGNED,DKIM_VALID, DKIM_VALID_AU,HEADER_FROM_DIFFERENT_DOMAINS,MAILING_LIST_MULTI, MENTIONS_GIT_HOSTING,SPF_PASS,URIBL_BLOCKED autolearn=ham autolearn_force=no version=3.4.0 Received: from mail.kernel.org (mail.kernel.org [198.145.29.99]) by smtp.lore.kernel.org (Postfix) with ESMTP id 65E9AC282D7 for ; Mon, 11 Feb 2019 23:10:28 +0000 (UTC) Received: from vger.kernel.org (vger.kernel.org [209.132.180.67]) by mail.kernel.org (Postfix) with ESMTP id D182F21855 for ; Mon, 11 Feb 2019 23:10:27 +0000 (UTC) Authentication-Results: mail.kernel.org; dkim=pass (2048-bit key) header.d=redchan.it header.i=@redchan.it header.b="dgvsZFf3" Received: (majordomo@vger.kernel.org) by vger.kernel.org via listexpand id S1727735AbfBKXK0 (ORCPT ); Mon, 11 Feb 2019 18:10:26 -0500 Received: from cock.li ([185.100.85.212]:33306 "EHLO cock.li" rhost-flags-OK-OK-OK-OK) by vger.kernel.org with ESMTP id S1726819AbfBKXKW (ORCPT ); Mon, 11 Feb 2019 18:10:22 -0500 MIME-Version: 1.0 DKIM-Signature: v=1; a=rsa-sha256; c=relaxed/simple; d=redchan.it; s=mail; t=1549926618; bh=cyUyNAeBaCYHSmS5Er3Eqs/EPYZ9Sv9SHOGwB/6j7e8=; h=Date:From:To:Cc:Subject:In-Reply-To:References:From; b=dgvsZFf3RjGhg7LY2r9NfksLmNAbQqT37dBTukdm6C5CZkf8/lQComL30JGbH+9sM uxxSfJ8260THL4nL+985a2vfZtsy/FZfUAeCSp7/czKBExq3NIYfG3t7uOFs+0deWr C40jmOKkfjDo/QczHQ7kriSXSFCrErkync6IWqDkeuJ/vWVHCUUT6p4mthOlmCgcT0 CZ9BVvegojwbWD8A11HZmO8/AYanVV+x25YQ2GQMWnDqfQhgOITP8BHU3oDgodsJXT sSp8x4yh58A24Ja7gI7soeORiTpcQDK9nWX3VrL5z9O1jzWtaD8DO9ZgrKLJXMXyAk rKSwXUlY8TFwA== Content-Type: text/plain; charset=US-ASCII; format=flowed Content-Transfer-Encoding: 7bit Date: Mon, 11 Feb 2019 23:10:18 +0000 From: mikeeusa@redchan.it To: linux-kernel@vger.kernel.org Cc: freebsd-chat@freebsd.org, misc@openbsd.org, editor@lulz.com, news@theregister.co.uk, esr@thyrsus.com, torvalds@osdl.org, rms@gnu.org Subject: Re: DMCA takedown notice In-Reply-To: References: <5c51daed7c023_2fcf3fe7576d45c417207b@github-lowworker-89d05ac.cp1-iad.github.net.mail> <5c51ee838b18f_74e53fd6ff0d45c41780e2@github-lowworker-5909e27.cp1-iad.github.net.mail> <5c522f5b6cb8a_60733fc5256d45b412831@github-lowworker-39ccb07.cp1-iad.github.net.mail> <5c534f0336ca6_19ae3fcbf5cd45b4186161@github-lowworker-e55e3e3.cp1-iad.github.net.mail> <5c535110f0f30_3aa13fafe46d45c4222962@github-lowworker-dcc078e.cp1-iad.github.net.mail> <061a28afa26cf5ad7d11f8074353a9cf@redchan.it> <5c5489478eb20_56f33fd9e9ad45b43146ec@github-lowworker-4f62d42.cp1-iad.github.net.mail> <5c55ecdcb298_3a283fd6dfcd45c4309246@github-lowworker-63e61ec.cp1-iad.github.net.mail> <5c563190ae6cc_18c33fcb464d45bc1523b0@github-lowworker-39ccb07.cp1-iad.github.net.mail> <5c586b095281b_4c6d3ffba28d45b8120450@github-lowworker-e51511d.cp1-iad.github.net.mail> <5c58a56f8ded7_36e93f9cb4ad45b8932e7@github-lowworker-e55e3e3.cp1-iad.github.net.mail> <312c3d91f6c4a71c34b96728a2efb385@redchan.it> <5c5b1609a1561_1ac23fbe2d6d45b88762d0@github-lowworker-dcc078e.cp1-iad.github.net.mail> Message-ID: <2ba97dc3492f9c2eac75f118782c04f3@redchan.it> X-Sender: mikeeusa@redchan.it User-Agent: Roundcube Webmail/1.3.6 Sender: linux-kernel-owner@vger.kernel.org Precedence: bulk List-ID: X-Mailing-List: linux-kernel@vger.kernel.org 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.