Re: NOTICE: your repository arkadi / asterisk-g72x has been taken down from bitbucket.org in compliance with the DMCA
Arkadi Shishlov
I believe that the repository is mistakenly taken down and must be
reinstated as no copyright is violated.
Please find my detailed response inline.
On Wed, Feb 22, 2012 at 7:12 PM, Dylan Etkin <det...@atlassian.com> wrote:
> 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.
The asterisk-g72x repository on BitBucket does not violate GPL license
as every bit of code is published there in the proper source form.
>> 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.
First, Copyright and Patent are two different things.
If Sipro believes that the code violates the G.729 patents, then it up
to them (or authorized party) to bring this case to me, you and the
court. So, I believe, DMCA does not apply to this case and Digium as a
licensee have no legal rights to defend the patent(s).
Intel code is available from the Intel developers website. The
original files are attached unmodified with original license text
inline.
If Intel believes that the code violates theirs copyright, then it up
to them to bring this case to me, you and the court.
>> 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.
format_g723.c is copied from Asterisk sources, with original license
still present in file header, fully published in un-obfuscated source
form as required by GPL license the file in question is distributed
under by Digium. Credits are given in README. I see no problems there.
>> 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
@Team
Thank you for the great service and professional handling of the case.
CDR
I support Arkadi and furthermore I feel that Arkadi's site is the sole
reason why Asterisk is a success in the market. This constitutes a
crude attempt to shakedown the community for fees on G729 by Digium,
which may be licensing G729, but it is not entitled to defend the
patent,which only the owner may do, through the courts. We absolutely
defend that not a single line of code belonging to Digium has been
published away from the GPL conditions.
Federico Alves
954 444 7408
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>
Arkadi Shishlov
> Thank you for your response. I have forwarded the information on to Malcolm and if he does not take further action I will restore the repo in 14 days.
Lets see what happens next.