Date:   Mon, 11 Feb 2019 23:10:18 +0000
From:   mikeeusa@...chan.it
To:     linux-kernel@...r.kernel.org
Cc:     freebsd-chat@...ebsd.org, misc@...nbsd.org, editor@...z.com,
        news@...register.co.uk, esr@...rsus.com, torvalds@...l.org,
        rms@....org
Subject: Re: DMCA takedown notice

You take it down or I sue you, simple as that.

I have revoked the license from a number of people, including the John 
Doe who has chosen to violate my copyright thence-forth.

I have signed using my 2 decades long held pen-name.

The U.S. Code defines an electronic signature for the purpose of US law 
as "an electronic sound, symbol, or process, attached to or logically 
associated with a contract or other record and executed or adopted by a 
person with the intent to sign the record."

My signing with my pen-name suffices for this purpose. What is important 
is my intent to sign the record, which I have evinced.

I have also posted the information on my long-held project page, so that 
you may know that I am me:
https://sourceforge.net/projects/gpcslots2/files/notes/

https://sourceforge.net/projects/gpcslots2/files/notes/tkdnreq_github.txt/download
https://sourceforge.net/projects/gpcslots2/files/notes/takedownreq_vs_johndoe-of-8ch.txt/download

(I have also uploaded this response to said /notes/ directory)

In addition to many other places.
Your contention that I must do anything greater at this point is legally 
inefficacious.

I _DEMAND_ that you take the offending material down immediately.

--MikeeUSA--
(Author of GPC-Slots 2)
(electronic signature)

On 2019-02-06 21:20, GitHub Staff wrote:
> Hi MikeeUSA,
> 
> Thank you for your notices, the most recent of which is included below
> for reference.
> 
> This DMCA notice is incomplete. It lacks "A physical or electronic
> signature of a person authorized to act on behalf of the owner of an
> exclusive right that is allegedly infringed" and "Information
> reasonably sufficient to permit the service provider to contact the
> complaining party."
> 
> Unfortunately, an electronic signature must be a legal name, not a
> monicker or username, and we cannot accept disposable or temporary
> email addresses as reliable contact information for a DMCA notice.
> 
> Once you've revised your notice to include the required details,
> please send back the entire revised notice, and not only the corrected
> sections. Once we've received a complete and actionable notice, we'll
> process it expeditiously.
> 
> Thanks,
> 
> GitHub Staff
> -------------------------
> 
> 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
> 
> (Addendum: "John Doe" then uploaded the modified work to gitlab.com
> and bitbucket.org
> 
> Contact information:
> email: mikeeusa@...chan.it
> 
> infringing content: github.com/MikeeUSA/GPC-Slots-2
> gitlab.com/MikeeUSA/GPC-Slots-2
> bitbucket.org/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 (and now gitlab and bitbucket):
> 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.

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