- 상위 문서: 나무위키:투명성 보고서
| 삭제 요청된 문서: 리그베다위키로부터 포크한 280,000개의 문서 | |
| 요청자 | Jin Hong Park |
| 저작권자 | Kyung Rok Bae (이라 주장) |
| 요청내용 | DMCA Takedown |
1. 1월 21일
Reporter's Name: Kyung Rok Bae
Copyright Holder's Name: Kyung Rok Bae
Reporter's Title: Copyright infringement from website using your service, http://namu.wiki
Reporter's Company Name: Rigvedawiki
Reported URLs:
http://namu.wiki/
Original Work: The original work includes over 280,000 articles from my site's database. The site in question has illegally copied the DB and published on their site without properly following distribution license nor under my permission. Links to original website: http://rigvedawiki.net
Copyright Holder's Name: Kyung Rok Bae
Reporter's Title: Copyright infringement from website using your service, http://namu.wiki
Reporter's Company Name: Rigvedawiki
Reported URLs:
http://namu.wiki/
Original Work: The original work includes over 280,000 articles from my site's database. The site in question has illegally copied the DB and published on their site without properly following distribution license nor under my permission. Links to original website: http://rigvedawiki.net
2. 12월 1일
Reporter's Name: Jin Hong Park
Reporter's Title: http://namu.wiki is constantly evading DMCA and other copyright claims
Reporter's Company Name: Rigvedawiki
Reported URLs:
http://namu.wiki/
Logs or Evidence of Abuse: the website is constantly evading copyright claims and DMCA takedown notices by constantly migrating servers. The previous reports include:
[4-73992-261] made on October 12th,
[31-2245872-718] made on November 10th,
[13-951222252-844] made on November 16th.
Comments: This is already fourth time and the domain is operating on false address and false identity. The evidence can be forwarded once I receive the returned mail I sent to the address.
Please disclose the current hosting service that http://namu.wiki is using and review the site's action to decide whether their actions are violating Cloudflare's terms of agreement.
Reporter's Title: http://namu.wiki is constantly evading DMCA and other copyright claims
Reporter's Company Name: Rigvedawiki
Reported URLs:
http://namu.wiki/
Logs or Evidence of Abuse: the website is constantly evading copyright claims and DMCA takedown notices by constantly migrating servers. The previous reports include:
[4-73992-261] made on October 12th,
[31-2245872-718] made on November 10th,
[13-951222252-844] made on November 16th.
Comments: This is already fourth time and the domain is operating on false address and false identity. The evidence can be forwarded once I receive the returned mail I sent to the address.
Please disclose the current hosting service that http://namu.wiki is using and review the site's action to decide whether their actions are violating Cloudflare's terms of agreement.
Reporter's Name: Jin Hong Park
Copyright Holder's Name: Kyung Rok Bae
Reporter's Title: http://namu.wiki is constantly evading DMCA and other copyright claims
Reporter's Company Name: Rigvedawiki
Reported URLs:
http://namu.wiki/
Original Work: The original work is list of over 280,000 articles stored in Rigvedawiki's DB. They are violating copyright by failing to follow distribution license.
We have provided the name of your hosting provider to the reporter. Additionally, we have forwarded this complaint to your hosting provider as well.
Copyright Holder's Name: Kyung Rok Bae
Reporter's Title: http://namu.wiki is constantly evading DMCA and other copyright claims
Reporter's Company Name: Rigvedawiki
Reported URLs:
http://namu.wiki/
Original Work: The original work is list of over 280,000 articles stored in Rigvedawiki's DB. They are violating copyright by failing to follow distribution license.
We have provided the name of your hosting provider to the reporter. Additionally, we have forwarded this complaint to your hosting provider as well.
3. 11월 17일
Reporter's Name: Jin Hong Park
Reporter's Title: http://namu.wiki is constantly violating copyright & avoid DMCA
Reporter's Company Name: Rigvedawiki
Reported URLs:
http://namu.wiki/
Logs or Evidence of Abuse: My client received information that http://namu.wiki has changed it's destination server, which resulted choopa/vultr to ignore our DMCA claim.
Namu.wiki has avoided DMCA takedown notices constantly by switching the server for the 2nd time. Linode server was shutdown by Linode, but after he moved to Choopa/Vultr, he is constantly moving to avoid DMCA claims. We would like to know which company is hosting this domain at the moment so we can submit DMCA takedown notice letter to them.
Comments: They have violated your terms of service by constant copyright violation. My client and I demand your company's action.
Reporter's Title: http://namu.wiki is constantly violating copyright & avoid DMCA
Reporter's Company Name: Rigvedawiki
Reported URLs:
http://namu.wiki/
Logs or Evidence of Abuse: My client received information that http://namu.wiki has changed it's destination server, which resulted choopa/vultr to ignore our DMCA claim.
Namu.wiki has avoided DMCA takedown notices constantly by switching the server for the 2nd time. Linode server was shutdown by Linode, but after he moved to Choopa/Vultr, he is constantly moving to avoid DMCA claims. We would like to know which company is hosting this domain at the moment so we can submit DMCA takedown notice letter to them.
Comments: They have violated your terms of service by constant copyright violation. My client and I demand your company's action.
4. 11월 11일
Reporter's Name: Jin Hong Park
Reporter's Title: The site protected by your service is avoiding legitimate DMCA takedowns
Reporter's Company Name: Rigvedawiki
Reported URLs:
https://namu.wiki/
Logs or Evidence of Abuse: I have previously submitted abuse request for this domain due to their Imgur policy violation. Now, they received DMCA takedown from Linode, the original service they were using, yet started to run back up server provided by other hosting service so they can bypass the takedown. Following is copy-pasted from the email between Linode and myself.
To Linode Legal and Abuse Department
Hello,
It has been 24 hours since your company's system notified me that you have forwarded the claim to the customer, but there hasn't been any motion to meet the demand or taking down of the pages. Furthermore, few hours after I submitted that file, my client's website is attacked from mysterious source with DDoS attack, which we suspect the desperation move made by your customer to prevent your system checking on the original URL.
Furthermore your customer has made questionable actions such as disclosing DMCA takedown notice sent by my client to the public and ignoring any contacts made by my client regarding to this issue.
My client and I urge you to take immediate action on this and take the website's content down immediately. Please send me the address noted below a prompt response indicating the actions you have taken to resolve this matter.
Sincerely,
Jin Hong Park
[Private]
Reporter's Title: The site protected by your service is avoiding legitimate DMCA takedowns
Reporter's Company Name: Rigvedawiki
Reported URLs:
https://namu.wiki/
Logs or Evidence of Abuse: I have previously submitted abuse request for this domain due to their Imgur policy violation. Now, they received DMCA takedown from Linode, the original service they were using, yet started to run back up server provided by other hosting service so they can bypass the takedown. Following is copy-pasted from the email between Linode and myself.
To Linode Legal and Abuse Department
Hello,
It has been 24 hours since your company's system notified me that you have forwarded the claim to the customer, but there hasn't been any motion to meet the demand or taking down of the pages. Furthermore, few hours after I submitted that file, my client's website is attacked from mysterious source with DDoS attack, which we suspect the desperation move made by your customer to prevent your system checking on the original URL.
Furthermore your customer has made questionable actions such as disclosing DMCA takedown notice sent by my client to the public and ignoring any contacts made by my client regarding to this issue.
My client and I urge you to take immediate action on this and take the website's content down immediately. Please send me the address noted below a prompt response indicating the actions you have taken to resolve this matter.
Sincerely,
Jin Hong Park
[Private]
5. 11월 9일
November 9, 2015
To Linode Legal and Abuse Department
Hello, I represent Rigvedawiki, which owns domain http://rigvedawiki.net and operates in Republic of Korea. On November 7th, 2015, I forwarded DMCA takedown request letter from the copyright holder in proper DMCA letter format. The request is for the server that your company leased to the domain http://namu.wiki and the server IP is 106.186.27.236, residing at JPNIC. The site, http://namu.wiki, is currently infringing the copyright of the Rigveidawiki with over 280,000 derivative works based on the certain version of rigvedawiki contributor's previous works.
Also on November 7th, my client submitted DMCA takedown letter to Namecheap, Inc. which host http://namu.wiki domain. They have forwarded those letter to the website's owner, but no action has been made to resolve the matter until today. Furthermore, they have opened the DMCA letter that we sent to public and released the private information without our consent. The evidence of their action can be found here: http://kalaheim.egloos.com/1231704 . The owner of this blog captured the image released by the owners of website that are currently infringing our material.
My client and I request your act swiftly to resolve this matter. Keep in mind that noncompliance may result in loss of immunity for liability under DMCA. I am resubmitting the DMCA takedown letter attached back in November 7th in this email. I am also attaching the link to the excel sheet that contains all the original URL and the target URLs to the version of our material which http://namu.wiki has infringed.
Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter.
Sincerely,
Jin Hong Park
[private]
https://drive.google.com/file/d/0B0Fw9tuZXMuld0V6YnNpTWFxTzQ/view?usp=sharing
To Linode Legal and Abuse Department
Hello, I represent Rigvedawiki, which owns domain http://rigvedawiki.net and operates in Republic of Korea. On November 7th, 2015, I forwarded DMCA takedown request letter from the copyright holder in proper DMCA letter format. The request is for the server that your company leased to the domain http://namu.wiki and the server IP is 106.186.27.236, residing at JPNIC. The site, http://namu.wiki, is currently infringing the copyright of the Rigveidawiki with over 280,000 derivative works based on the certain version of rigvedawiki contributor's previous works.
Also on November 7th, my client submitted DMCA takedown letter to Namecheap, Inc. which host http://namu.wiki domain. They have forwarded those letter to the website's owner, but no action has been made to resolve the matter until today. Furthermore, they have opened the DMCA letter that we sent to public and released the private information without our consent. The evidence of their action can be found here: http://kalaheim.egloos.com/1231704 . The owner of this blog captured the image released by the owners of website that are currently infringing our material.
My client and I request your act swiftly to resolve this matter. Keep in mind that noncompliance may result in loss of immunity for liability under DMCA. I am resubmitting the DMCA takedown letter attached back in November 7th in this email. I am also attaching the link to the excel sheet that contains all the original URL and the target URLs to the version of our material which http://namu.wiki has infringed.
Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter.
Sincerely,
Jin Hong Park
[private]
-----Link to the excel spreadsheet containing 282433 original URL and destination URLs-----https://drive.google.com/file/d/0B0Fw9tuZXMuld0V6YnNpTWFxTzQ/view?usp=sharing
-----Copy of DMCA letter in plain format. Signed letter is attached-----6. 11월 7일
November 7, 2015
To Linode Legal and Abuse Department
I am the owner of the website, rigvedawiki.net. My site’s content’s copyright is violated at the website that is hosted on your service, on server IP: 106.186.27.236, owned by http://namu.wiki.
The entire list of infringed pages and the proof of both sites failing to follow the license can be found in following address: ? ?https://drive.google.com/file/d/0B0Fw9tuZXMuld0V6YnNpTWFxTzQ/view?usp=sharing
This letter is official notification under provisions of Section 512(c) of the Digital Millennium Copyright Act (DMCA) to effect removal of all copyright infringed works contained on those two sites. I request that you immediately issue a notice for those two websites to remove all documents that are infringing the copyright by not following the license the works are distributed under. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing material upon receiving this notice. Noncompliance may result in loss of immunity for liability under DMCA.
I am making copyright infringement claims of those two sites due to failure to comply the distribution license based on following reasons:
A. A. The site has copied entire DB of the http://rigvedawiki.net in April 17, 2015. Because Creative Commons License 2.0’s Share-Alike clause does not cover databases, copying of entire database is covered by the site’s license agreement, which requires permission to do so. The owner of the domain in question has not contacted me or any legal agent acting behalf of myself nor acquired any form of permission to copy entire DB of my site. As a result this is breach of my site’s license agreement, making it copyright infringement.
B. B. According to Creative Commons License, the DB should abide attribution clause in order to copy material without breaching the license. However, http://namu.wiki has not provided valid attribution to the work based on following reasons:
a. http://namu.wiki does not provide attribution of the work written by the users of rigvedawiki.net, as they only show the IP of the editors. With only IP information, it does not credit rigvedawiki.net for its work.
b. Furthermore, by completely opening the IP address of the editors the page is not following proper attribution clause. By opening the IP address the data becomes public, which can be impersonated easily by malicious users. As a result, http://namu.wiki is not providing proper attribution its anonymous editors.
c. In its front page and editing guide, http://namu.wiki does not indicate that the majority of its DB is from http://rigvedawiki.net. As a result, this is another CCL BY violation as its not crediting editors of Rigvedawiki properly.
d. http://namu.wiki does not provide link back to original document in http://rigvedawiki.net. Again, this is another CCL BY violation.
C. C. Since http://namu.wiki has not disclosed its information on how the funding and donations from the users, which it accepts through Bitcoin, is used, it violates the CCL NC clause.
I have a good faith belief that use of the material in the manner complained of here is not authorized by me, the copyright holder, or the law, as the subject sites are failing to follow the correct distribution license. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder of the attached database.
Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter.
Sincerely,
Kyung Rok Bae
[private]
Republic of Korea
phone: [private]
email: [private]
To Linode Legal and Abuse Department
I am the owner of the website, rigvedawiki.net. My site’s content’s copyright is violated at the website that is hosted on your service, on server IP: 106.186.27.236, owned by http://namu.wiki.
The entire list of infringed pages and the proof of both sites failing to follow the license can be found in following address: ? ?https://drive.google.com/file/d/0B0Fw9tuZXMuld0V6YnNpTWFxTzQ/view?usp=sharing
This letter is official notification under provisions of Section 512(c) of the Digital Millennium Copyright Act (DMCA) to effect removal of all copyright infringed works contained on those two sites. I request that you immediately issue a notice for those two websites to remove all documents that are infringing the copyright by not following the license the works are distributed under. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing material upon receiving this notice. Noncompliance may result in loss of immunity for liability under DMCA.
I am making copyright infringement claims of those two sites due to failure to comply the distribution license based on following reasons:
A. A. The site has copied entire DB of the http://rigvedawiki.net in April 17, 2015. Because Creative Commons License 2.0’s Share-Alike clause does not cover databases, copying of entire database is covered by the site’s license agreement, which requires permission to do so. The owner of the domain in question has not contacted me or any legal agent acting behalf of myself nor acquired any form of permission to copy entire DB of my site. As a result this is breach of my site’s license agreement, making it copyright infringement.
B. B. According to Creative Commons License, the DB should abide attribution clause in order to copy material without breaching the license. However, http://namu.wiki has not provided valid attribution to the work based on following reasons:
a. http://namu.wiki does not provide attribution of the work written by the users of rigvedawiki.net, as they only show the IP of the editors. With only IP information, it does not credit rigvedawiki.net for its work.
b. Furthermore, by completely opening the IP address of the editors the page is not following proper attribution clause. By opening the IP address the data becomes public, which can be impersonated easily by malicious users. As a result, http://namu.wiki is not providing proper attribution its anonymous editors.
c. In its front page and editing guide, http://namu.wiki does not indicate that the majority of its DB is from http://rigvedawiki.net. As a result, this is another CCL BY violation as its not crediting editors of Rigvedawiki properly.
d. http://namu.wiki does not provide link back to original document in http://rigvedawiki.net. Again, this is another CCL BY violation.
C. C. Since http://namu.wiki has not disclosed its information on how the funding and donations from the users, which it accepts through Bitcoin, is used, it violates the CCL NC clause.
I have a good faith belief that use of the material in the manner complained of here is not authorized by me, the copyright holder, or the law, as the subject sites are failing to follow the correct distribution license. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder of the attached database.
Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter.
Sincerely,
Kyung Rok Bae
[private]
Republic of Korea
phone: [private]
email: [private]