DMCA take-down request to GitHub regarding: GPC-Slots2 (after GPL Revocation from "John Doe")
From: mikeeusa
Date: Wed Jan 30 2019 - 12:22:25 EST
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rescinded by the owner, at his will.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
Contact information:
email: mikeeusa@xxxxxxxxxx
infringing content: github.com/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:
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.
-----
The conversation with the "John Doe" can be found here:
8ch.net/tech/res/1018729.html#1024398
Some excerpts:
From me to "John Doe":
>>1024390
1) I rescind your permission to modify, make derivative works,
distribute the program. The GPL license you "have" been granted from
me, is revoked.
2) you are impersonating me.
>>1024400
I rescind the license from you.
I am going to sue you if I find out who you are.
----
From "John Doe"
>Your license was rescinded by author.
You can't :^)
I'm not taking it down.
>>1024597
>HOW MUCH DID YOU FUCKING PAY ME?
Nothing. Thank God for that.
>ARE WE IN A CONTRACT?
No.
>IT IS A BARE LICENSE.
Is this lawyer speak? I'm not a lawyer, sorry.
>I CAN RESCIND IT AT ANY TIME.
wrong
>THE CODE IS NOT YOUR PROPERTY. IT IS _MY_ PROPERTY.
It is your intellectual property that you have licensed to me under the
GPLv2+.
>I ALLOWED YOU A LICENSE TO USE IT.
correct
>I HAVE NOW REVOKED THAT LICENSE FROM YOU YOU [...].
no
>Show me a case otherwise.
why???????????
>Gratis licenses, without an attached interest, are revocable.
sorry m8. you are wrong
-----
Remeber: A license, absent an interest, is revocable in the US.
-----
Some study materials:
(From: Open Source Licensing - Sofware Freedom and Intellectual
property):
p46 "As long as the project continues to honor the terms of the
licenses under which it received contributions, the licenses continue
in effect. There is one important caveat: Even a perpetual license can
be revoked. See the discussion of bare licenses and contracts in
Chapter 4"
--Lawrence Rosen
p56 "A third problem with bare licenses is that they may be revocable
by the licensor. Specifically, /a license not coupled with an interest
may be revoked./ The term /interest/ in this context usually means the
payment of some royalty or license fee, but there are other more
complicated ways to satisfy the interest requirement. For example, a
licensee can demonstrate that he or she has paid some consideration-a
contract law term not found in copyright or patent law-in order to
avoid revocation. Or a licensee may claim that he or she relied on the
software licensed under an open source license and now is dependent
upon that software, but this contract law concept, called promissory
estoppel, is both difficult to prove and unreliable in court tests.
(The concepts of /consideration/ and /promissory estoppel/ are
explained more fully in the next section.) Unless the courts allow us
to apply these contract law principles to a license, we are faced with
a bare license that is revocable.
--Lawrence Rosen
p278 "Notice that in a copyright dispute over a bare license, the
plaintiff will almost certainly be the copyright owner. If a licensee
were foolish enough to sue to enforce the terms and conditions of the
license, the licensor can simply revoke the bare license, thus ending
the dispute. Remember that a bare license in the absence of an interest
is revocable."
--Lawrence Rosen
Lawrence Rosen - Open Source Licensing - Sofware Freedom and
Intellectual property Law
p65 "Of all the licenses described in this book, only the GPL makes
the explicitly point that it wants nothing of /acceptance/ of
/consideration/:
...
The GPL authors intend that it not be treated as a contract. I will
say much more about this license and these two provisions in Chapter 6.
For now, I simply point out that the GPL licensors are in essentially
the same situation as other open source licensors who cannot prove
offer, acceptance, or consideration. There is no contract."
--Lawrence Rosen
----
(Additionally:)
David McGowan, Professor of Law, University of Minnesota Law School:
"Termination of rights
[...] The most plausible assumption is that a developer who releases
code under the GPL may terminate GPL rights, probably at will.
[...] My point is not that termination is a great risk, it is that it
is not recognized as a risk even though it is probably relevant to
commercial end-users, accustomed to having contractual rights they can
enforce themselves.