Are you the copyright owner or authorized to act on the copyright owner’s behalf?
Yes
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 content in question is a license for GitLab Enterprise Edition (EE) - which the repository this request is being submitting against is acting as a circumvention-tool, generating valid GitLab EE license keys. The proprietary license is mentioned under GitLab's licensing model, described here https://about.gitlab.com/install/ce-or-ee/ and the EE license, which can be found here https://gitlab.com/gitlab-org/gitlab-ee/blob/master/LICENSE. Technical measures, including generating and validating a key using asymmetric cryptographic measures are in place.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL:
https://github.com/hadesy/gitlab-license
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.
Forks in violation upon review:
https://github.com/19317362/gitlab-license
https://github.com/AIdotfly/gitlab-license
https://github.com/bubbleatgit/gitlab-license
https://github.com/calledeleven/gitlab-license
https://github.com/chenjau/gitlab-license
https://github.com/gnuhub/gitlab-license
https://github.com/heimi/gitlab-license
https://github.com/kuluev/gitlab-license
https://github.com/qyh214/gitlab-license
https://github.com/shakahl/gitlab-license
https://github.com/sunfei96800/gitlab-license
https://github.com/tigerbin/gitlab-license
https://github.com/unhappydepig/gitlab-license
https://github.com/wangzhii/gitlab-license
https://github.com/wclssdn/gitlab-license
https://github.com/woniupapa/gitlab-license
https://github.com/wpggles/gitlab-license
Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?
The work that is being infringed upon under the DMCA circumvention-tool provisions is covered under GitLab's proprietary license mentioned above. The script (a PHP ported version of https://www.rubydoc.info/gems/gitlab-license/1.0.0) is covered under MIT licensing - but it also not following these licensing terms (per https://opensource.org/licenses/MIT). As a derivative work it should be distributed with a copy of the MIT license.
What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?
The line(s) providing directions to generate a valid GitLab EE license key (specifically targeting) are what makes this repository and subsequent forks in violation under the DMCA circumvention-tool provisions. Removal of these lines, and addition of proper MIT licensing requirements (as noted at https://opensource.org/licenses/MIT) would get these repositories in compliance. If this is not possible, the best solution is for removal of these repositories.
Do you have the alleged infringer’s contact information? If so, please provide it:
No - the user's GitHub profile can be found at https://github.com/hadesy.
Type (or copy and paste) the following statement: "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 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.
Type (or copy and paste) the following statement: "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 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.
Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/
I confirm that I have read GitHub's guide to submitting a DMCCA takedown notice.
So that we can get back to you, please provide either your telephone number or physical address:
[private]
268 Bush Street, #350, San Francisco 94104
Please type your full legal name below to sign this request:
[private]