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| 1 | +Before disabling any content in relation to this takedown notice, GitHub |
| 2 | +- contacted the owners of some or all of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work). |
| 3 | +- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice). |
| 4 | + |
| 5 | +To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md#anatomy-of-a-takedown-notice). |
| 6 | + |
| 7 | +--- |
| 8 | + |
| 9 | +To GitHub’s DMCA Agent, |
| 10 | + |
| 11 | +I am the [private] and representative of MakeMHz LLC, the developer of proprietary software and firmware for the original Xbox, including but not limited to Project Stellar and XboxHD+. |
| 12 | + |
| 13 | +This is a formal notification under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c), requesting the removal of infringing content hosted on GitHub. |
| 14 | + |
| 15 | +1. Copyrighted Work Infringed: |
| 16 | +Original firmware, software routines, and system-level logic developed by MakeMHz LLC for the Project Stellar and XboxHD+ products. These works are proprietary and have never been released under an open-source license. They include unique implementations and internal logic not publicly available or licensed for reuse or modification. |
| 17 | + |
| 18 | +2. Infringing Material: |
| 19 | +The following GitHub repositories contain direct copies or derivative works of both proprietary and GPLv2-licensed code, without attribution, and/or in violation of the terms of the GPLv2: |
| 20 | + |
| 21 | +https://github.com/Team-Resurgent/PrometheOS-Firmware |
| 22 | +https://github.com/Bowlsnapper/PrometheOS-BSX |
| 23 | +https://github.com/ChaoticWolf/PrometheOS-Firmware |
| 24 | +https://github.com/Ernegien/PrometheOS-Firmware |
| 25 | +https://github.com/SkyeHDD/PrometheOS-Firmware |
| 26 | + |
| 27 | +These repositories include: |
| 28 | + |
| 29 | +Code structure, function logic, and specific internal implementations that are unique to MakeMHz LLC and were not obtained through reverse engineering. |
| 30 | + |
| 31 | +Direct reuse of GPLv2-licensed code without proper attribution or license reproduction, and in repositories that are otherwise licensed under GPLv3 or contain no license at all, which creates a license compatibility conflict. |
| 32 | + |
| 33 | +Example of infringement: |
| 34 | +Original Work (GPLv2-licensed): |
| 35 | +https://github.com/MakeMHz/xbox-hd-plus-app/blob/main/src/EEPROM.h |
| 36 | +https://github.com/MakeMHz/xbox-hd-plus-app/blob/main/LICENSE |
| 37 | + |
| 38 | +Unauthorized Copy: |
| 39 | +https://github.com/Team-Resurgent/PrometheOS-Firmware/blob/main/PrometheOSXbe/PrometheOSXbe/hdmiSettingsManager.h |
| 40 | + |
| 41 | +This use is not compliant with the GPLv2 because: |
| 42 | +- There is no attribution to the original work. |
| 43 | +- The required GPLv2 license text is not included. |
| 44 | +- The work is improperly relicensed under GPLv3, which is not automatically compatible with GPLv2 without the “or later” clause—which is absent in our license. |
| 45 | + |
| 46 | +3. Statement of Good Faith: |
| 47 | +I have taken fair use into consideration. I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. |
| 48 | + |
| 49 | +4. Accuracy and Authority: |
| 50 | +I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner or authorized to act on behalf of the copyright owner. |
| 51 | + |
| 52 | +5. Contact Information: |
| 53 | + |
| 54 | +Full Legal Name: [private] |
| 55 | +Company: MakeMHz LLC |
| 56 | +Email: [private] |
| 57 | +Phone: [private] |
| 58 | +Address: [private] |
| 59 | + |
| 60 | +Sincerely, |
| 61 | +[private] |
| 62 | +MakeMHz LLC |
| 63 | +[private] |
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