Process DMCA request

Author: dmca-sync-bot

2026/05/2026-05-07-kirby.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 authorized to act on the copyright owner's behalf.
+
+**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'm submitting this notice for Content Folder GmbH & Co. KG ("Content Folder"). Content Folder develops and markets Kirby CMS ("Kirby") under exclusive license from its [private] [private]. [private] owns all rights, title and interest to Kirby (including all intellectual property rights) and reserves all rights to Kirby that are not expressly granted in the Kirby End User License Agreement.
+
+**Please provide a detailed description of the original copyrighted work that has allegedly been infringed.**
+
+Kirby CMS ("Kirby") is published under proprietary license terms ("EULA") that you can find at https://getkirby.com/license and in the `LICENSE.md` file that is included with the Kirby source code. The EULA includes the following clause:
+
+> You are generally *not* allowed to sell, assign, license, disclose, distribute, or otherwise transfer or make available Kirby or its Source Code, in whole or in part, in any form to any third parties.
+
+This is clarified in an info box:
+
+> E.g. the following cases are explicitly *not* allowed:  
+> - [...]  
+> - Bundling or including Kirby’s full Source Code in the publication and/or distribution of a Website’s source code or a (free or paid) theme or plugin (please use Git submodules or Composer or provide a link to Our repository or website instead)
+
+The repositories mentioned in this DMCA takedown notice contain direct, literal copies of our copyrighted work in the form of the complete Kirby source code, infringing our copyright and violating the terms of our EULA.
+
+**If the original work referenced above is available online, please provide a URL.**
+
+https://getkirby.com  
+https://github.com/getkirby/kirby
+
+**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:**
+
+Specific files within the repository are infringing
+
+**Identify only the specific file URLs within the repository that is infringing:**
+
+https://github.com/noffolo/k5-base/tree/main/kirby  
+https://github.com/FF3300-studio/k5-boilerplate/tree/main/kirby  
+https://github.com/FF3300-studio/k5-spazio13/tree/main/kirby  
+https://github.com/FF3300-studio/k5-spicgil/tree/main/kirby  
+https://github.com/FF3300-studio/trame.xyz/tree/main/kirby
+
+**Note:** The GitHub user [private] is an [private] of the [private] GitHub organization. We therefore included all infringing repositories in this single DMCA takedown notice.
+
+**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?**
+
+No
+
+**What would be the best solution for the alleged infringement?**
+
+Other Change
+
+**Describe the change.**
+
+We have contacted you several times via a GitHub issue ([private]) and via multiple emails with clear instructions on how to resolve the copyright issue.
+
+To summarize our claim, we ask you to do the following:  
+1. Please ensure that the Kirby source code is no longer publicly accessible from your repositories. You can either remove the `kirby` directory from your repositories or make the repositories private. Permissible alternatives according to our EULA are to include Kirby as Git submodule or to use Composer (by adding the `kirby` and `vendor` directories to the `.gitignore` file and then letting Composer fetch the latest version of the Kirby source code locally).
+2. All public repositories additionally need to contain a notice that Kirby is paid software and needs a valid license according to our license terms.
+
+Independently from this DMCA takedown notice, we also ask you to purchase and activate valid licenses for all Kirby projects you have deployed to production. Please visit https://getkirby.com/buy and follow the checkout process. We reserve the right to further legal actions in the case of non-compliance within 14 days of receiving this message.
+
+**Do you have the alleged infringer’s contact information? If so, please provide it.**
+
+https://github.com/noffolo  
+https://github.com/FF3300-studio  
+mailto: [private]
+
+[private]
+[private]
+[private]
+[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]