Dear Mr. Nathan Freitas,
It has come to my attention that you have made an unauthorized use of my copyrighted work entitled obfs4proxy (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, which was first published on 2014.
Your work entitled Orbot, which appears as a binary distribution available on the Google Play store and F-Droid contains a copy of the Work, without including copies of the Work's copyright notice, conditions, and disclaimer as set out in the Work's software license.
Therefore, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.
I demand that you either comply with the terms set forth in the Work's software LICENSE, or immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same. And furthermore that you desist from this or any other infringement of my rights in the future.
If I have not received an affirmative response from you by October 17th, 2017 indicating that you have fully complied with these requirements, I shall consider taking any and all legal remedies available to rectify this situation at any time without further notice to you. This letter is without prejudice to my rights and claims, which are expressly reserved.
Sincerely yours,
Yawning Angel
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Dear Mr. Yawning Angel,
Greetings and salutations. Based on your previous communication from the 7th of September, 2017, I have been preparing an updated release of Orbot that includes the appropriate notices. I will also ensure all relevant documentation on accompanying app store pages, websites, source code readme's, and so on, are also updated to include proper attribution.
I appreciate your need to bring all uses of Obfs4proxy into compliance, and expect for this to be resolved shortly.
With all due regards,
Mr. Nathanial Xavier Freitas
On 10/11/2017 06:22 PM, Yawning Angel wrote:
Dear Mr. Nathan Freitas, > > It has come to my attention that you have made an unauthorized use
of > my copyrighted work entitled obfs4proxy (the "Work") in the preparation > of a work derived therefrom. I have reserved all rights in the Work, > which was first published on 2014. > > Your work entitled Orbot, which appears as a binary distribution > available on the Google Play store and F-Droid contains a copy of > the Work, without including copies of the Work's copyright notice, > conditions, and disclaimer as set out in the Work's software > license. > > Therefore, I believe you have willfully infringed my rights under 17 > U.S.C. Section 101 et seq. and could be liable for statutory damages as > high as $150,000 as set forth in Section 504(c)(2) therein. > > I demand that you either comply with the terms set forth in the > Work's software LICENSE, or immediately cease the use and distribution > of all infringing works derived from the Work, and all copies, > including electronic copies, of same. And furthermore that you desist > from this or any other infringement of my rights in the future. > > If I have not received an affirmative response from you by October > 17th, 2017 indicating that you have fully complied with these > requirements, I shall consider taking any and all legal remedies > available to rectify this situation at any time without further notice > to you. This letter is without prejudice to my rights and claims, > which are expressly reserved. > > Sincerely yours, > > Yawning Angel
Hello,
On Wed, 11 Oct 2017 19:01:01 -0400 Nathan Freitas nathan@freitas.net wrote:
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Dear Mr. Yawning Angel,
Greetings and salutations. Based on your previous communication from the 7th of September, 2017, I have been preparing an updated release of Orbot that includes the appropriate notices. I will also ensure all relevant documentation on accompanying app store pages, websites, source code readme's, and so on, are also updated to include proper attribution.
I appreciate your need to bring all uses of Obfs4proxy into compliance, and expect for this to be resolved shortly.
I appreciate your prompt response in this matter.
For the record, I'm not trying to single out Orbot, and I hate having to send strongly worded letters. However there are other people that are using the code in an infringing manner in a more commercial matters that I also wish to get into compliance, and I wish to take a consistent unified approach to enforcement.
With all due regards,
Mr. Nathanial Xavier Freitas
Regards,
On 10/11/2017 07:16 PM, Yawning Angel wrote:
Hello,
On Wed, 11 Oct 2017 19:01:01 -0400 Nathan Freitas nathan@freitas.net wrote:
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1
Dear Mr. Yawning Angel,
Greetings and salutations. Based on your previous communication from the 7th of September, 2017, I have been preparing an updated release of Orbot that includes the appropriate notices. I will also ensure all relevant documentation on accompanying app store pages, websites, source code readme's, and so on, are also updated to include proper attribution.
I appreciate your need to bring all uses of Obfs4proxy into compliance, and expect for this to be resolved shortly.
I appreciate your prompt response in this matter.
For the record, I'm not trying to single out Orbot, and I hate having to send strongly worded letters. However there are other people that are using the code in an infringing manner in a more commercial matters that I also wish to get into compliance, and I wish to take a consistent unified approach to enforcement.
I explained this exact phenomenon to everyone at the Tor dev meeting dinner who expressed concern about this message. I also mentioned that you had sent a friendly private message to me one month ago, indicating that your need to take a more strict stance on compliance.
I expect to have at least a compliant beta of the new Orbot up today.
With all due regards,
Mr. Nathanial Xavier Freitas
Regards,
+n
tor-project@lists.torproject.org
-
Nathan Freitas -
Yawning Angel