Do I have the right to send a DMCA takedown notice for a developer who has been using my code?
But I have added MANY C++ and Lua files to my forked repository that I've written myself. Another server owner has been copying these files from my public repo, and in cases where I have stated our server name in them, he has changed the reference to his server name, and denies that they are my work. I have clearly recorded commit history showing when I created my files, and they predate his. Are my personally created files covered under AGPL if I did not specifically designate them as such, and do I have the right to ask Github to take them down?
The SWGEmu project repository, along with the license can be found here: https://github.com/TheAnswer/Core3
I forked their repository, and created NEW, additional files in my fork, which are the specific files in question.
2 attorney answers
So, your derivative code from open source files is being used by another? What do you want to accomplish with this exactly?
DO NOT message me asking follow ups to your question! That's what the forum "comment" feature is for. I am not your attorney here, and I cannot give you legal advice here. To become your attorney, I need to understand the facts and circumstances of your legal situation and meet you face to face.
Hard to say without reviewing the licensing documents at issue, and no AVVO lawyer is going to analyze your specific claim without being hired and forming the requisite attorney-client relationship.
Realize that if your lawyer does send a DMCA takedown notice, that could trigger a counter-notice, and you need to sure of your rights before asserting them and picking a fight.
Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments.