SIDL CORPORATION respects intellectual property rights and expects users of Market to do the same. This DMCA Notice outlines the policy for reporting alleged copyright infringements on Market (https://market.sidl-corporation.fr/), and includes steps for submitting a takedown notice, counter-notice, and understanding the implications of misuse. The policy also includes provisions specific to open-source licenses, such as the AGPL, GPL, and other commonly used licenses in software development and distribution.
1. Reporting copyright infringements (takedown notices)
If you are the copyright owner (or authorized representative), and believe that material on Market infringes your copyright or violates the terms of a specific software license (such as AGPL, GPL, MIT, etc.), you may submit a DMCA takedown notice. This notice must include the following information:
- Description of the Copyrighted Work: Clearly describe the copyrighted work(s) you believe are being infringed. This can include software, code, designs, images, documents, etc. If the material is distributed under an open-source license such as AGPL or GPL, specify which aspects of the license have been violated. For instance, you may report a failure to provide the source code as required by the license or a lack of proper attribution.
- Identification of Infringing Material: Provide the exact URL or a detailed description of the location on Market where the allegedly infringing material is located. If the material is part of an open-source project, include the name of the project, the specific files or versions that are in violation, and the nature of the violation.
- Contact Information: Provide your full name, organization (if applicable), mailing address, telephone number, and a valid email address for correspondence. If you are filing on behalf of a copyright holder or license owner, include a statement of authorization from the original copyright holder.
- Good Faith Statement: Include a statement affirming that you have a good faith belief that the use of the copyrighted work or software in question is not authorized by the copyright owner, its agent, the law, or the applicable open-source license.
- Accuracy Declaration: Include a statement confirming that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner or license holder.
- Signature: A physical or electronic signature of the copyright owner or an authorized representative.
Send your DMCA takedown notice to:
SIDL CORPORATION (Market Site Owner)
Address: 7 Impasse Jean Jaurès, 01000 Bourg-en-Bresse, France
Email: dmca@sidl-corporation.fr
2. Response and actions upon receipt of a takedown notice
Upon receiving a valid DMCA notice, SIDL CORPORATION will:
- Review the Notice: Confirm that the notice meets DMCA requirements and/or complies with the terms of the open-source licenses involved. We will ensure that the notice clearly identifies the infringement and includes all required information.
- Take Action: If the alleged infringement is valid, we will promptly remove or disable access to the allegedly infringing content, including software or code that violates the terms of open-source licenses (e.g., improper distribution of AGPL or GPL-licensed software without source code or license information).
- Notify the User: We will notify the user who uploaded the content, providing them with a copy of the takedown notice and information on the steps they can take to resolve the issue. If the content is part of an open-source project, the user will be informed about the specific license violations.
- Account Termination: In cases of repeated violations, user accounts may be suspended or terminated in compliance with our policy on copyright and license infringements. If a user repeatedly uploads content that violates open-source licenses, this may result in permanent account suspension.
3. Counter-notification (for users whose content has been taken down)
If you believe that your content was wrongly removed due to a mistake or misidentification, you may file a counter-notification. The counter-notification must include the following:
- Identification of Content Removed: Clearly identify the material that was removed, including its location on Market prior to removal. This can include specific URLs, filenames, or project names.
- Statement of Good Faith Belief: A statement that you have a good faith belief that the content was removed or disabled as a result of a mistake, misidentification, or an incorrect application of the open-source license terms. For example, you may argue that your use of a particular software was compliant with the license terms, such as the AGPL or GPL.
- Consent to Jurisdiction: A statement consenting to the jurisdiction of the federal court for the judicial district in which your address is located (or for any judicial district where Market is located if you are outside the United States) and agreeing to accept service of process from the original complainant.
- Contact Information: Provide your full name, address, telephone number, and email.
- Signature: A physical or electronic signature.
Send your counter-notification to:
SIDL CORPORATION (Market Site Owner)
Address: 7 Impasse Jean Jaurès, 01000 Bourg-en-Bresse, France
Email: dmca@sidl-corporation.fr
4. Actions upon receipt of a counter-notification
Upon receiving a valid counter-notification:
- Notification to the Original Complainant: We will forward the counter-notification to the complainant who filed the original DMCA takedown request. This ensures that the complainant is aware of your disagreement with the takedown.
- Restoration of Content: Unless the original complainant files a court action seeking an injunction against the user who posted the content, the removed material may be restored within 10-14 business days after receiving the counter-notice. This applies both to copyright infringements and violations of open-source license terms, provided the counter-notice is valid and the legal dispute is not escalated.
5. Misuse of the DMCA process
Filing a false DMCA notice or counter-notification can have serious legal consequences, including liability for damages, court costs, and attorney fees. SIDL CORPORATION reserves the right to take legal action against individuals who knowingly file fraudulent or abusive claims. Misuse of the DMCA process can result in account suspension, termination, or legal action.
We also take misuse of open-source licenses seriously. Users who intentionally misrepresent their compliance with AGPL, GPL, or other open-source licenses may face legal action, account termination, or suspension from Market.
6. Open-source licenses compliance
SIDL CORPORATION encourages the use and distribution of content under open-source licenses such as AGPL, GPL, MIT, Apache, and others, provided that users respect the terms of these licenses. Violations of open-source licenses can have serious legal consequences, and we take the protection of these licenses seriously.
For content distributed under open-source licenses:
- License Terms Compliance: It is essential that all content, including software, code, and documentation, that is released under an open-source license (such as AGPL or GPL) complies with the terms of that license. This includes but is not limited to the requirement for proper attribution, provision of source code, and inclusion of license texts when distributing the content.
- Violation Reporting: If you believe that content distributed under an open-source license is being used in violation of the terms of that license, you may submit a DMCA takedown notice specifying the violation of the open-source license. For example, failure to provide a copy of the license text with software distributed under the GPL or AGPL, or failure to disclose source code when required.
- Restoration of Content Under Open-Source Licenses: If a valid counter-notification is received for content removed under an open-source license dispute, we will review the situation and, if necessary, restore the content once the dispute is resolved or if the original complainant does not take legal action.
7. Policy changes and modifications
SIDL CORPORATION reserves the right to modify this DMCA policy at any time, including changes to how we handle open-source license compliance and enforcement. We encourage users to regularly review this policy to stay informed of any changes. If any substantial changes are made, we will notify users via email or on the site.
