This is a notice received and originally from https://github.zendesk.com/attachments/token/eTJTaIjPp5pqbcAldaowe2N4E/?name=2021-03-22-freedesktop.rtf
Are you the copyright holder or authorized to act on the copyright owner's behalf?
Yes, I am the copyright holder.
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
I'm [private] of the software that some code was taken from, and [private] of it for more than 15 years.
Please provide a detailed description of the original copyrighted work that has allegedly been infringed. If possible, include a URL to where it is posted online.
The shared-mime-info package contains:
- The core database of common MIME types, their file extensions and icon names.
- The update-mime-database command, used to extend the DB and install a new MIME data.
- The freedesktop.org shared MIME database spec.
The core database was copied wholesale:
[private]
with translations merged:
[private]
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/zRedShift/mimemagic/blob/master/cmd/parser/freedesktop.org.xml
https://github.com/13521900025/mimemagic/blob/master/cmd/parser/freedesktop.org.xml
https://github.com/backwardn/mimemagic/blob/master/cmd/parser/freedesktop.org.xml
https://github.com/brandfolder/mimemagic/blob/master/cmd/parser/freedesktop.org.xml
https://github.com/developgo/mimemagic/blob/master/cmd/parser/freedesktop.org.xml
https://github.com/Kycklingar/mimemagic/blob/master/cmd/parser/freedesktop.org.xml
https://github.com/pombredanne/mimemagic/blob/master/cmd/parser/freedesktop.org.xml
https://github.com/simplesurance/mimemagic/blob/master/cmd/parser/freedesktop.org.xml
Have you searched for any forks of the allegedly infringing files or repositories? Each fork is a distinct repository and must be identified separately if you believe it is infringing and wish to have it taken down.
Yes.
Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?
Is the work licensed under an open source license?
Yes.
If so, which open source license?
The GNU General Public License v2 or later:
https://gitlab.freedesktop.org/xdg/shared-mime-info/-/blob/master/COPYING
Are the allegedly infringing files being used under the open source license, or are they in violation of the license?
They're using the file under an MIT license which is not compatible with the GNU GPL v2 or later.
What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?
Relicense the project under a license compatible with the GNU GPL v2 or later, or remove it.
Do you have the alleged infringer’s contact information? If so, please provide it.
No.
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.
I have read and understand GitHub's Guide to Submitting a DMCA Takedown Notice.
So that we can get back to you, please provide either your telephone number or physical address.
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Please type your full legal name below to sign this request.
[private]
And some draft of reply elements:
I happen to just have an old fork of that repo and I just received this DMCA takedown notice something which I find rather surprising but nonetheless an interesting and novel GPL development
I made this notice public at https://gist.github.com/pombredanne/7d6b3689a1b796c9a509c83b6b87f274
I have to assume that this legal injunction is based on this original issue by@hadess zRedShift/mimemagic#4
@hadess wrote in zRedShift/mimemagic#4:
I am pretty sure that this person does not fully understand the GPL: the MIT is compatible with the GPL per the FSF https://www.gnu.org/licenses/license-list.en.html#Expat
And the source of the shared-mime-info XML data is also provided as is here (and in my fork at https://github.com/pombredanne/mimemagic/blob/master/cmd/parser/freedesktop.org.xml ) meeting any GPL redistribution requirements.
@hadess wrote:
I am not redistributing any binary, but how would code and data that side-by-side in a repo make a whole codebase a derived work?
I am not legally-trained so I have no idea what this would mean in general, and in particular here. I think this is at best a case of side-by-side redistribution aka "mere aggregation" per the GPL 2.0 Section2 : https://www.gnu.org/licenses/old-licenses/gpl-2.0.html
@hadess continues:
The file in question at https://raw.githubusercontent.com/pombredanne/mimemagic/master/cmd/parser/freedesktop.org.xml is copied verbatim and unmodified as-is from https://gitlab.freedesktop.org/xdg/shared-mime-info/uploads/6a226038bf42dae45a049a6b8e729abc/shared-mime-info-1.10.tar.xz with absolutely no notice removed at all, so which GPL header that was supposedly removed does @hadess refers to?There is no such header in his own original release at freedesktop.org. There was however a GPL full text and a README. But no notice anywhere in the release made by @hadess himself. The only license reference is https://github.com/pombredanne/mimemagic/blob/master/cmd/parser/freedesktop.org.xml.COPYING
There was no full GPL text and in my fork at https://github.com/pombredanne/mimemagic I added the missing GPL text and the shared-mime-info original readme and an extra readme note:
@hadess also wrote:
We are all grateful for his work as maintainer, but is he also the copyright holder?Based on https://gitlab.freedesktop.org/xdg/shared-mime-info/-/blame/master/data/freedesktop.org.xml.in there is a large number of authors