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**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.** | ||
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Yes, I am authorized to act on the copyright owner's behalf. | ||
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**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?** | ||
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No | ||
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**Does your claim involve content on GitHub or npm.js?** | ||
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GitHub | ||
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**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.** | ||
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I represent the interests of the company ALPILINK. | ||
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Formerly known as JB Concept, ALPILINK acquired, by a share transfer agreement dated December 21, 2022, all of the shares comprising the capital of the company XSALTO, which was then managed by [private]. | ||
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Pursuant to the asset and liability guarantee agreement annexed to the share transfer agreement—and more specifically, Article 5 thereof—it is expressly stated in the clause entitled “IT systems” that: “All IT systems used by the Company are in normal operating condition and are subject to appropriate maintenance. The Company validly owns all dedicated software or applications.” | ||
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The share transfer agreement therefore entailed the transfer of ownership of all of XSALTO’s assets, including rights to its software. | ||
Among these assets is the software known as “Console Séolan,” of which ALPILINK became the full copyright holder. | ||
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[private], as the former [private] of XSALTO, retained no intellectual property rights in this software, particularly in its source code, after the acquisition. | ||
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However, despite having no rights over the software, [private] published the source code of “Console Séolan” without authorization, releasing it as open source on his GitHub account on December 29, 2022, only nine days after the transfer of ownership. | ||
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**Please provide a detailed description of the original copyrighted work that has allegedly been infringed.** | ||
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The infringed work is a proprietary software owned by ALPILINK, entitled “Console Séolan.” It is a modular content management and development framework written primarily in PHP, intended for building web applications. The software includes the original source code (version X, registered with the Agence pour la Protection des Programmes), architecture, and design developed specifically for XSALTO’s commercial activities. | ||
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All copyrights in this software, including the source code and associated documentation, were transferred to ALPILINK on December 21, 2022, as part of a universal transfer of assets following the acquisition of XSALTO. | ||
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There is no open source. | ||
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Published content may reveal security vulnerabilities and expose people to cyberattacks. | ||
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**If the original work referenced above is available online, please provide a URL.** | ||
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/ | ||
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**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.** | ||
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**Based on the above, I confirm that:** | ||
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The entire repository is infringing | ||
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**Identify the full repository URL that is infringing:** | ||
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https://github.com/renaudzigmann/console-seolan | ||
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**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.** | ||
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No | ||
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**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:** | ||
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**Is the work licensed under an open source license?** | ||
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No | ||
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**What would be the best solution for the alleged infringement?** | ||
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Reported content must be removed | ||
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**Do you have the alleged infringer’s contact information? If so, please provide it.** | ||
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- Name: [private] | ||
- Professional position : [private] of ARMONIKA ([private]) : [private] : ARMONIKA | ||
- GitHub profile : https://github.com/renaudzigmann | ||
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**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.** | ||
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**I have taken <a href="https://www.lumendatabase.org/topics/22">fair use</a> into consideration.** | ||
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**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.** | ||
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**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>.** | ||
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**So that we can get back to you, please provide either your telephone number or physical address.** | ||
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[private] - [private] | ||
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**Please type your full name for your signature.** | ||
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[private] |
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