fun: NOTICE: your repository arkadi / asterisk-g72x has been taken down from bitbucket.org in compliance with the DMCA

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Arkadi Shishlov

unread,
Feb 22, 2012, 7:37:56 PM2/22/12
to asteri...@googlegroups.com
Guys and girls, prepare yourself for a good laugh -- read below.
Poor product manager cannot afford an IP lawyer to write a proper DMCA
letter and seems to confuse fridge and sunset on his/her way.

What troubles the most is the blind compliance by Atlassian team that
took the repo down. Looks like any butthead can send rubbish to them
and they will comply. So, in case butthead's virginity is offended by
PyPy translation framework algorithms => no more PyPy for you. Time to
re-think the dependency on "cloud"-based services.

Send your hate or legally worded defense letters to Atlassian and/or
Digium on my behalf, but, sorry, I have better things to do currently.
In meantime the repo will be moved to GitHub (curious to see what
happens next) or, maybe, I'll try to organize my own publicly
accessible HG repo.

The promised fun part begins...

---------- Forwarded message ----------
From: Dylan Etkin <det...@atlassian.com>
Date: Wed, Feb 22, 2012 at 7:12 PM
Subject: NOTICE: your repository arkadi / asterisk-g72x has been taken
down from bitbucket.org in compliance with the DMCA
To: arkadi....@gmail.com


Hello Arkadi,

I am writing this to let you know that we have taken down your
repository arkadi/asterisk-g72x from bitbucket.org in response to the
DMCA takedown letter we received from malc...@digium.com.

> Howdy,
>
> This bitbucket repository:
> https://bitbucket.org/arkadi/asterisk-g72x
>
> contains code that violates the GPL license under which Asterisk is licensed. Digium, the company for which I work, and which is a very happy customer of Atlassian's, holds the copyright to the Asterisk software and distributes Asterisk under GPL.
>
> This repository also contains a copy of unauthorized G.729 code which is protected by patent and licensed by Sipro (see: http://www.sipro.com/g729_about.php). Digium sells a similar module to this one legally (see: http://www.sipro.com/g729_licensees.php) and by allowing this module to exist it puts Digium in jeopardy. The code combines unauthorized G.729 code from Intel (see the ipp subdirectory of the repository) with the non-compliant code from Asterisk and it constitutes an illegal act.
>
> Arkadi is using Bitbucket as a means of distribution, and is violating your terms of service, section 3.8.b (http://www.atlassian.com/hosted/terms.jsp) with respect to intellectual property. As you can see, Digium's name even appears in the files (https://bitbucket.org/arkadi/asterisk-g72x/src/6599e6da26a3/format_g723.c); note that Mark Spencer is the founder and CTO of Digium and is the original author of Asterisk.
>
> We have good faith belief that use of the copyrighted materials described above on the infringing repository and web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and that Digium is the copyright owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
>
> Malcolm Davenport
> Senior Product Manager
> Digium, Inc.


It is within your rights to dispute this takedown if you feel that it
is unfair. You can read about your rights here
http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act

Thank you,

The Bitbucket Team

Maxim Morgunov

unread,
Feb 23, 2012, 6:58:59 AM2/23/12
to Arkadi Shishlov
Здравствуйте, Arkadi.

Вы писали 23 февраля 2012 г., 9:37:56:

AS> Guys and girls, prepare yourself for a good laugh -- read below.
AS> Poor product manager cannot afford an IP lawyer to write a proper DMCA
AS> letter and seems to confuse fridge and sunset on his/her way.

AS> What troubles the most is the blind compliance by Atlassian team that
AS> took the repo down. Looks like any butthead can send rubbish to them
AS> and they will comply. So, in case butthead's virginity is offended by
AS> PyPy translation framework algorithms => no more PyPy for you. Time to
AS> re-think the dependency on "cloud"-based services.

AS> Send your hate or legally worded defense letters to Atlassian and/or
AS> Digium on my behalf, but, sorry, I have better things to do currently.
AS> In meantime the repo will be moved to GitHub (curious to see what
AS> happens next) or, maybe, I'll try to organize my own publicly
AS> accessible HG repo.

AS> The promised fun part begins...

AS> ---------- Forwarded message ----------
AS> From: Dylan Etkin <det...@atlassian.com>
AS> Date: Wed, Feb 22, 2012 at 7:12 PM
AS> Subject: NOTICE: your repository arkadi / asterisk-g72x has been taken
AS> down from bitbucket.org in compliance with the DMCA
AS> To: arkadi....@gmail.com


AS> Hello Arkadi,

AS> I am writing this to let you know that we have taken down your
AS> repository arkadi/asterisk-g72x from bitbucket.org in response to the
AS> DMCA takedown letter we received from malc...@digium.com.

>> Howdy,
>>
>> This bitbucket repository:
>> https://bitbucket.org/arkadi/asterisk-g72x
>>
>> contains code that violates the GPL license under which Asterisk is licensed. Digium, the company for which I work, and which is a very happy customer of Atlassian's, holds the copyright to the Asterisk software and distributes Asterisk under GPL.
>>
>> This repository also contains a copy of unauthorized G.729 code which is protected by patent and licensed by Sipro (see: http://www.sipro.com/g729_about.php). Digium sells a similar module to this one legally (see: http://www.sipro.com/g729_licensees.php) and by allowing this module to exist it puts Digium in jeopardy. The code combines unauthorized G.729 code from Intel (see the ipp subdirectory of the repository) with the non-compliant code from Asterisk and it constitutes an illegal act.
>>
>> Arkadi is using Bitbucket as a means of distribution, and is violating your terms of service, section 3.8.b (http://www.atlassian.com/hosted/terms.jsp) with respect to intellectual property. As you can see, Digium's name even appears in the files (https://bitbucket.org/arkadi/asterisk-g72x/src/6599e6da26a3/format_g723.c); note that Mark Spencer is the founder and CTO of Digium and is the original author of Asterisk.
>>
>> We have good faith belief that use of the copyrighted materials described above on the infringing repository and web pages is not authorized by the copyright owner, its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and that Digium is the copyright owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
>>
>> Malcolm Davenport
>> Senior Product Manager
>> Digium, Inc.


AS> It is within your rights to dispute this takedown if you feel that it
AS> is unfair. You can read about your rights here
AS> http://en.wikipedia.org/wiki/Online_Copyright_Infringement_Liability_Limitation_Act

AS> Thank you,

AS> The Bitbucket Team


в по-русски можно?

--
С уважением,
Maxim mailto:fire...@irk.ru

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