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| 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 | +Yes |
| 16 | + |
| 17 | +**Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.** |
| 18 | + |
| 19 | +4133802 |
| 20 | + |
| 21 | +**Does your claim involve content on GitHub or npm.js?** |
| 22 | + |
| 23 | +GitHub |
| 24 | + |
| 25 | +**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.** |
| 26 | + |
| 27 | +As [private] of The PerformanC Organization, we, as a group, own the copyrights of all projects that are under our GitHub profile and are properly licensed. The repository that had its license violated is: https://github.com/PerformanC/NodeLink |
| 28 | + |
| 29 | +**Please provide a detailed description of the original copyrighted work that has allegedly been infringed.** |
| 30 | + |
| 31 | +1. Anghami ( https://github.com/bongodevs/Rustalink/tree/74959c0de941ac28096dad7bcc53d2968fe68232/src/sources/anghami ): Anghami contains a proprietary song response format, which was copied, alongside with the rest of the (music) source provider code. |
| 32 | +2. Letrasmus ( https://github.com/bongodevs/Rustalink/blob/74959c0de941ac28096dad7bcc53d2968fe68232/src/lyrics/letrasmus.rs ): The implementation for retrieval of the lyrics of a Brazilian lyrics provider. The implementation code of Rustalink was fully based on NodeLink's. |
| 33 | +3. Voice client ( https://github.com/bongodevs/Rustalink/tree/74959c0de941ac28096dad7bcc53d2968fe68232/src/gateway ): Copied from @performanc/voice the entire code to create theirs |
| 34 | + |
| 35 | +**If the original work referenced above is available online, please provide a URL.** |
| 36 | + |
| 37 | +Anghami: https://github.com/PerformanC/NodeLink/blob/4f38f9abf244e2704db769dbaf41f2b262d2d340/src/sources/anghami.ts#L85 |
| 38 | +Letrasmus: https://github.com/PerformanC/NodeLink/blob/4f38f9abf244e2704db769dbaf41f2b262d2d340/src/lyrics/letrasmus.ts |
| 39 | +Voice: https://github.com/PerformanC/voice/blob/main/index.js |
| 40 | + |
| 41 | +**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.** |
| 42 | + |
| 43 | +**Based on the above, I confirm that:** |
| 44 | + |
| 45 | +Specific files within the repository are infringing |
| 46 | + |
| 47 | +**Identify only the specific file URLs within the repository that is infringing:** |
| 48 | + |
| 49 | +https://github.com/bongodevs/Rustalink/blob/master/src/lyrics/letrasmus.rs |
| 50 | +https://github.com/bongodevs/Rustalink/tree/master/src/sources/anghami |
| 51 | +https://github.com/bongodevs/Rustalink/tree/74959c0de941ac28096dad7bcc53d2968fe68232/src/gateway |
| 52 | + |
| 53 | +**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.** |
| 54 | + |
| 55 | +No |
| 56 | + |
| 57 | +**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:** |
| 58 | + |
| 59 | +**Is the work licensed under an open source license?** |
| 60 | + |
| 61 | +Yes |
| 62 | + |
| 63 | +**Which license?** |
| 64 | + |
| 65 | +gnu-general-public-license-v3.0 |
| 66 | + |
| 67 | +**How do you believe the license is being violated?** |
| 68 | + |
| 69 | +The license states that copyright notice must be kept, and projects that utilize code licensed under GPLv3 must be licensed under the same license. Neither were honored by Rustalink, and even the "inspiration" of NodeLink was removed. Moreover is licensed under Apache v2. |
| 70 | + |
| 71 | +**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.** |
| 72 | + |
| 73 | +The PerformanC copyright notice must be kept, and the entire project must be licensed under GPLv3. |
| 74 | + |
| 75 | +**Do you have the alleged infringer’s contact information? If so, please provide it.** |
| 76 | + |
| 77 | +**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.** |
| 78 | + |
| 79 | +**I have taken <a href="https://www.lumendatabase.org/topics/22">fair use</a> into consideration.** |
| 80 | + |
| 81 | +**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.** |
| 82 | + |
| 83 | +**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>.** |
| 84 | + |
| 85 | +**So that we can get back to you, please provide either your telephone number or physical address.** |
| 86 | + |
| 87 | +[private] |
| 88 | + |
| 89 | +**Please type your full name for your signature.** |
| 90 | + |
| 91 | +[private] |
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