Process DMCA request

Author: dmca-sync-bot

2025/11/2025-11-18-esp-miner-nerdqaxeplus.md

@@ -0,0 +1,109 @@
+Before disabling any content in relation to this takedown notice, GitHub
+- 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).
+- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
+
+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).
+
+---
+
+**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.**
+
+Yes, I am the copyright holder.
+
+**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?**
+
+No
+
+**Does your claim involve content on GitHub or npm.js?**
+
+GitHub
+
+**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
+
+I am the [private] and [private] copyright holder of the project "ESP-Miner-NerdQAxePlus".  
+[private] developed and published the original firmware and source code under [private] [private] GitHub account.  
+The project includes [private] original code for operating Bitcoin miners using BM1366, BM1368 and BM1370 ASICs, including all firmware components, hardware abstraction layers, mining loop logic, communication protocol implementation, and device configuration logic.  
+As the [private] [private] and [private], I hold full copyright over this work.
+
+**Please provide a detailed description of the original copyrighted work that has allegedly been infringed.**
+
+A third-party company has taken [private] open-source project "ESP-Miner-NerdQAxePlus", forked it, and is now redistributing a modified, closed-source version in violation of [private] copyright and the original open-source license.
+
+Instead of keeping the firmware open-source, they removed all source code and replaced it with binary-only firmware releases. Their repository contains only three binary releases without any source code.
+
+They changed the display module (a minor hardware modification that does not justify a license exemption) and are distributing a proprietary firmware blob instead of publishing the required source code, as the license obliges them to do for derivative works.
+
+They sell devices using [private] hardware and firmware design, bundle a small screen running [private] original open-source firmware, and distribute a closed-source binary that users must install using a third-party flashing tool. Firmware updates in the Web UI are disabled, forcing users to use this external tool to install the binary.
+
+The closed-source binary may contain unauthorized or harmful modifications (e.g., potential hashrate skimming), and users have no ability to verify its contents.
+
+This constitutes:    
+– unauthorized copying of [private] copyrighted code    
+– unauthorized modification of [private] copyrighted code   
+– removal of the open-source license  
+– redistribution of derivative work without meeting license requirements  
+– commercial use of my project without complying with the license
+
+The infringing repository is located here:   
+https://github.com/yysluping/ESP-Miner-NerdQAxePlus/releases
+
+**If the original work referenced above is available online, please provide a URL.**
+
+https://github.com/shufps/ESP-Miner-NerdQAxePlus
+
+**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.**
+
+**Based on the above, I confirm that:**
+
+The entire repository is infringing
+
+**Identify the full repository URL that is infringing:**
+
+https://github.com/yysluping/ESP-Miner-NerdQAxePlus
+
+**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.**
+
+No
+
+**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:**
+
+**Is the work licensed under an open source license?**
+
+Yes
+
+**Which license?**
+
+gnu-general-public-license-v3.0
+
+**How do you believe the license is being violated?**
+
+They took [private] open-source project and created a modified version of it, but they do not provide the source code for their changes.  
+Instead, they only publish closed-source firmware binaries.    
+[private] license requires that anyone who distributes modified versions must also publish the full source code.  
+By removing the license, not sharing their changes, and distributing binary-only firmware, they are violating the open-source license.
+
+**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.**
+
+They must either remove the repository, or bring it into full compliance with the open-source license.  
+To comply, they need to restore the original license, provide proper attribution, and publish the complete source code for all firmware versions they are distributing, including all modifications they made.  
+Only providing binary files is not allowed under the license.
+
+**Do you have the alleged infringer’s contact information? If so, please provide it.**
+
+[private]
+
+**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 <a href="https://www.lumendatabase.org/topics/22">fair use</a> 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.**
+
+**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>.**
+
+**So that we can get back to you, please provide either your telephone number or physical address.**
+
+[private]
+
+**Please type your full name for your signature.**
+
+[private]