Adrian, generally I dont work on weekends, so I dont give detailed responses until Mondays. No, it's not what you suggested:
"Harassment Content"
You've submitted various reports to me, including ones asking me to remove content that doesnt appear to break the forum's rules. For example you reported the post at https://www.rouletteforum.cc/index.php?topic=26192.msg230141#msg230141 and your comment was:
Members are allowed to share their views, but there is a limit to what can be posted. Already the posts are moderated, and I have already removed content I feel breaks forum rules. You don't see what I've removed. You see only posts after editing. You can see which members are moderated this way because they have "moderated" next to their forum name.
Alarian GUTracker Copyright Claim
- Alarian from vlsroulette.com appears to have clearly created the software. He posts entire history of software development, edits source code, and publishes software builds.
- I asked you if you have the source code (as you normally would if you purchased software rights). But you haven't responded.
- You claim you purchased the software from him in 2010. Your exact claims to me are:
So you agree Alarian created the software. Alarian does not appear to be from China (based on his entire history of IPs on vlsroulette.com, and his email address indicating his country of origin). I've contacted Alarian to confirm your claims. I'm waiting for his response.
Removal of GuTracker File
It is not my place to determine who's claims are true in this matter, same as any website. So the legal process for you to remove the content is explained at https://www.muso.com/magazine/dmca-explained/ and summarized below:
STEP 1. You must submit a DMCA request to remove the software. The legal format is below:
SEND THE NOTICE TO ME VIA PM. After I receive this, I'll remove all copies you specified provided they are actually on my servers.
STEP 2: From here, anyone who claims to be the real copyright owner (and disputes the content removal) can send me a DMCA counterclaim.
STEP 3: I notify you I received a counterclaim, and you must file a USA lawsuit within 14 days. Otherwise, the material can be reinstated upon request of the person who filed the counterclaim.
The legal process is like this because if your claim is false, you can still have content removed. But if the real owner disputes the claim, and you persist, then you'd need to take it to court while committing perjury.
My advice is even if I removed everything you wanted, it will still be available elsewhere. The software has been freely available for around 10 years. The DMCA process is exactly the same for sites hosted in the USA. I've been through the process myself, and it's a waste of time bothering trying to remove material unless it actually matters. In this case, the tracker's functions can easily be coded in Excel with the COUNTIF function. It can be done in 5 minutes.
Questions:
1. Is there any likely reason why Alarian might deny your whole story?
2. Did you receive the source code?
3. If you didn't receive the source code, how do you know the Chinese guy didn't scam you and sell you rights to software he doesn't have?
4. If you do have source code, why not just create a build with a new menu item displaying your copyright notice? (as it is now, it is labelled "Alarian" which is the programmer.
5. How do you know for sure the Chinese guy is Alarian?
6. If you bought it from Alarian, why did you not ask him to remove the software from wherever he released it free? (you would have known about it, because that's where you first saw it).
Quote
you did not remove my software.....are you honest Administrator or envious on me?
"Harassment Content"
You've submitted various reports to me, including ones asking me to remove content that doesnt appear to break the forum's rules. For example you reported the post at https://www.rouletteforum.cc/index.php?topic=26192.msg230141#msg230141 and your comment was:
Quote
"please remove content for harrassing me as a gypsy discrimination"
Members are allowed to share their views, but there is a limit to what can be posted. Already the posts are moderated, and I have already removed content I feel breaks forum rules. You don't see what I've removed. You see only posts after editing. You can see which members are moderated this way because they have "moderated" next to their forum name.
Alarian GUTracker Copyright Claim
- Alarian from vlsroulette.com appears to have clearly created the software. He posts entire history of software development, edits source code, and publishes software builds.
- I asked you if you have the source code (as you normally would if you purchased software rights). But you haven't responded.
- You claim you purchased the software from him in 2010. Your exact claims to me are:
Quote
"As for the GUTracker is a chinese programmer who sold to me all the property software"
Quote
"alarian is the name and you can see that was post in 2009 on the other forum i bought him 2010"
So you agree Alarian created the software. Alarian does not appear to be from China (based on his entire history of IPs on vlsroulette.com, and his email address indicating his country of origin). I've contacted Alarian to confirm your claims. I'm waiting for his response.
Removal of GuTracker File
It is not my place to determine who's claims are true in this matter, same as any website. So the legal process for you to remove the content is explained at https://www.muso.com/magazine/dmca-explained/ and summarized below:
STEP 1. You must submit a DMCA request to remove the software. The legal format is below:
Quote
My name is INSERT NAME and I am the INSERT TITLE of INSERT COMPANY NAME. A website that you host is infringing on at least one copyright owned by my company.
The original material is identified below:
PROVIDE URLS OF MATERIAL YOU OWN, AND DESCRIPTIONS
The unauthorized and infringing copy can be found at:
PROVIDE URLS OF UNATHORIZED COPIES, AND DESCRIPTIONS
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers.
I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.
YOUR NAME
DIGITAL SIGNATURE
Address
City, State Zip
Phone
SEND THE NOTICE TO ME VIA PM. After I receive this, I'll remove all copies you specified provided they are actually on my servers.
STEP 2: From here, anyone who claims to be the real copyright owner (and disputes the content removal) can send me a DMCA counterclaim.
STEP 3: I notify you I received a counterclaim, and you must file a USA lawsuit within 14 days. Otherwise, the material can be reinstated upon request of the person who filed the counterclaim.
The legal process is like this because if your claim is false, you can still have content removed. But if the real owner disputes the claim, and you persist, then you'd need to take it to court while committing perjury.
My advice is even if I removed everything you wanted, it will still be available elsewhere. The software has been freely available for around 10 years. The DMCA process is exactly the same for sites hosted in the USA. I've been through the process myself, and it's a waste of time bothering trying to remove material unless it actually matters. In this case, the tracker's functions can easily be coded in Excel with the COUNTIF function. It can be done in 5 minutes.
Questions:
1. Is there any likely reason why Alarian might deny your whole story?
2. Did you receive the source code?
3. If you didn't receive the source code, how do you know the Chinese guy didn't scam you and sell you rights to software he doesn't have?
4. If you do have source code, why not just create a build with a new menu item displaying your copyright notice? (as it is now, it is labelled "Alarian" which is the programmer.
5. How do you know for sure the Chinese guy is Alarian?
6. If you bought it from Alarian, why did you not ask him to remove the software from wherever he released it free? (you would have known about it, because that's where you first saw it).
