policy: update disputes, dmca, and logos-usage

Co-authored-by: literarytea <literarytea@users.noreply.github.com>

Myles Borins committed Jun 30, 2022 at 15:40 UTC 692be4d7a747879af5e51cb76b7a4b43c25ae042
5 files changed +29 -163
content/policies/disputes.mdx
+7 -15
@@ -4,8 +4,8 @@ edit_on_github: false
4 ---
5
6 This document describes the steps that you should take to resolve
7 -naming disputes with other npm publishers. It also describes special steps
8 -you should take about names you think [infringe your trademarks](#trademarks).
7 +naming disputes with other npm publishers. It also describes the steps
8 +you should take if you think a name [infringes your trademark](#trademarks).
9
10 This document is additive to the guidelines in the
11 [npm Code of Conduct][conduct] and
@@ -91,20 +91,12 @@ To dispute a user name, follow these steps:
91
92 ## Trademarks
93
94 -If you think another npm publisher is infringing your trademark, such
95 -as by using a confusingly similar package, org, or user account name,
96 -open a support ticket at <https://npmjs.com/support> with a link to
97 -the package, org, or user account page on <https://npmjs.com>. Attach
98 -a copy of your trademark registration certificate.
94 +npm processes Trademark claims under GitHub's [Trademark Policy](https://docs.github.com/site-policy/content-removal-policies/github-trademark-policy).
95
100 -If we see that the user, org, or package publisher is intentionally
101 -misleading others by misusing your registered mark without permission,
102 -we will transfer the account, org, or package name to you. Otherwise, we
103 -will contact the relevant user and ask them to clear up any confusion with
104 -changes to their user account page, or page, or package `README` file.
96 +If you think another npm publisher is infringing your trademark, such
97 +as by using a confusingly similar package, org, or user account name, please submit a Trademark Policy Violation Report via our [form](https://support.github.com/contact/trademark-policy).
98
106 -Use of npm's own trademarks is covered by our Trademark Policy at
107 -<https://docs.npmjs.com/trademark>.
99 +Use of npm's own trademarks is covered by our [Logo and Usage Policy][logos-and-usage].
100
101 ## Changes
102
@@ -161,4 +153,4 @@ License](https://creativecommons.org/licenses/by-sa/4.0/).
153 [acceptable-use]: /policies/open-source-terms#acceptable-use
154 [acceptable-content]: /policies/open-source-terms#acceptable-content
155 [violations]: /policies/conduct#reporting-violations-of-this-code-of-conduct
164 -[trademark]: /policies/trademark
156 +[logos-and-usage]: /policies/logos-and-usage
content/policies/dmca.mdx
+8 -133
@@ -1,146 +1,21 @@
1 ---
2 -title: Copyright Policy
2 +title: Copyright - DMCA Takedown Policy
3 edit_on_github: false
4 ---
5
6 This policy describes how we at npm, Inc., the company behind npmjs.com
7 -and the npm public registry, respond to claims that materials user
8 -have submitted to our service infringe copyright. In short, we follow
9 -the Digital Millennium Copyright Act, or DMCA.
7 +and the npm public registry, respond to claims that materials users
8 +have submitted to our service infringe copyright.
9
11 -## What's the DMCA?
10 +npm follows GitHub's [Copyright - DMCA Takedown Policy](https://docs.github.com/site-policy/content-removal-policies/dmca-takedown-policy). Please carefully review that policy along with GitHub's [Guide to Submitting a DMCA Takedown Notice](https://docs.github.com/en/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice) to determine if you should submit a DMCA takedown.
11
13 -The DMCA is a United States federal law that sets up a formal process
14 -for reports of copyright infringement by our users, called takedown
15 -notices. It also sets up a process for disputing takedown notices
16 -by sending counter notices. The law protects us from liability for
17 -infringement by our users when we follow these steps. It also makes
18 -those who abuse the takedown and dispute processes liable for damage
19 -they cause.
12 +If you are ready to submit a DMCA takedown notice, the fastest way to get a response is to enter your information and answer all the questions on GitHub's [Copyright claims form](https://github.com/contact/dmca). Be sure to select the option indicating that your claim involves content on npm.js.
13
21 -Many online service providers like us handle great numbers of takedown
22 -notices and counter notices. Often, the whole process takes place
23 -online, with the help of automated tools. However, the legal claims
24 -and documents involved remain very serious. Please approach the
25 -process accordingly.
14 +You can also send an email notification to copyright@github.com. You may include an attachment if you like, but please also include a plain-text version of your letter in the body of your message.
15
27 -## Should I send a takedown notice?
28 -
29 -If you aren't absolutely sure both that you own copyright, and that a
30 -user' material on our service infringes, speak to an attorney before
31 -sending a DMCA takedown notice. Knowing, material misrepresentations
32 -about infringement in a takedown notice can make you liable to us,
33 -the person you allege infringes, copyright owners, and licensees,
34 -all for significant damages, including costs and attorneys' fees.
35 -A lawyer can help you decide if you should file a takedown notice,
36 -and if so, help you prepare it correctly. We cannot.
37 -
38 -## How do I send a takedown notice?
39 -
40 -Send takedown notices to our agent. You can find their contact
41 -information [below](#agent).
42 -
43 -Per United States Code, title 17, section 512(c)(3), your takedown
44 -notice must have:
45 -
46 -1. A physical or electronic signature of a person authorized to act
47 - on behalf of the copyright owner.
48 -
49 -2. Identification of the copyrighted work you claim is been infringed.
50 -
51 -3. Identification of the infringing material to be removed.
52 -
53 -4. Contact information, preferably an email address, that we can
54 - use to reach you.
55 -
56 -5. Your statement of good faith belief that use of the material in
57 - the manner complained of is not authorized by the copyright owner,
58 - its agent, or the law.
59 -
60 -6. Your statement that the information in your notice is accurate.
61 -
62 -7. Your statement, under penalty of perjury, that you are authorized
63 - to act on behalf of the owner of the copyright allegedly infringed.
64 -
65 -## How do we respond to takedown notices?
66 -
67 -When we receive a valid takedown notice, we forward a copy to the
68 -[Lumen Database](https://lumendatabase.org/) and remove or restrict
69 -access to allegedly infringing material. We then try to contact
70 -the user that submitted the material, to notify them that we have
71 -removed or restricted access to the material, provide them a copy of
72 -the takedown notice, and direct them to this policy.
73 -
74 -When appropriate, we suspend or terminate the accounts of users who
75 -repeatedly infringe copyright through our service.
76 -
77 -## Should I dispute a takedown?
78 -
79 -If you aren't absolutely sure that your material doesn't infringe
80 -copyright, speak to an attorney before sending a DMCA counter notice.
81 -Knowing, material misrepresentations about mistaken removal or access
82 -restriction can make you liable to us, the one who filed the takedown
83 -notice, copyright owners, and licensees, all for significant damages,
84 -including costs and attorneys' fees. A lawyer can help you decide
85 -if you should file a counter notice, and if so, help you prepare
86 -it correctly. We cannot.
87 -
88 -## How do I dispute a takedown?
89 -
90 -Do _not_ resubmit material to our service that we removed or restricted
91 -in response to a takedown notice. If you do this, we will suspend
92 -or terminate your account.
93 -
94 -Send counter notices to our agent. You can find their contact
95 -information [below](#agent).
96 -
97 -Per United States Code, title 17, section 512(g)(3), your counter
98 -notice must have:
99 -
100 -1. Your physical or electronic signature.
101 -
102 -2. Identification of the material removed access-restricted, and
103 - where it was available via our service before we removed or
104 - restricted access to it.
105 -
106 -3. Your statement, under penalty of perjury, that you have a good
107 - faith belief that the material was removed or disabled as a result
108 - of a mistake or misidentification of the material.
109 -
110 -4. Your name, address, and telephone number.
111 -
112 -5. Your statement that you consent to the jurisdiction of the Federal
113 - District Court for the judicial district in which your address
114 - is located, or if outside the United Sates, for any any judicial
115 - district in which we may be found.
116 -
117 -6. Your statement that you will accept service of process from the
118 - person who provided the takedown notice, or their agent.
119 -
120 -## How do we respond to counter notices?
121 -
122 -When we receive a valid counter-notice, we forward a copy to the
123 -person who filed the takedown notice. If they don't notify us in ten
124 -business days that they are seeking a court order to prevent further
125 -infringement, we may replace or restore access to to the material
126 -we removed.
127 -
128 -## Where do I send notice?
129 -
130 -Send all takedown notices and counter notices to:
131 -
132 -You can also send an email notification to
133 -[copyright@npmjs.com](mailto:copyright@npmjs.com). You may include an
134 -attachment if you like, but please also include a plain-text version of
135 -your letter in the body of your message.
136 -
137 -If you must send your notice by physical mail, you can do that too, but
138 -it will take substantially longer for us to receive and respond to it.
139 -Notices we receive via plain-text email have a much faster turnaround
140 -than PDF attachments or physical mail. If you still wish to mail us
141 -your notice, our physical address is:
16 +If you must send your notice by physical mail, you can do that too, but it will take substantially longer for us to receive and respond to it. Notices we receive via plain-text email have a much faster turnaround than PDF attachments or physical mail. If you still wish to mail us your notice, GitHub's physical address is:
17
18 GitHub, Inc
19 Attn: DMCA Agent
20 88 Colin P Kelly Jr St
146 -San Francisco, CA. 94107
21 +San Francisco, CA. 94107
content/policies/logos-and-usage.mdx renamed
+10 -11
@@ -1,11 +1,11 @@
1 ---
2 -title: npm Trademark Policy
2 +title: npm Logos and Usage
3 edit_on_github: false
4 ---
5
6 -This policy describes npm trademarks and how you may use them.
6 +This policy describes npm logos and trademarks and how you may use them.
7 For information on what to do if someone infringes a trademark of
8 -_yours_ with a confusing package name, see the [Dispute Resolution Policy][disputes].
8 +_yours_ with a confusing package name, see the [Disputes policy][disputes].
9
10 ## What is npm?
11
@@ -15,9 +15,9 @@ The npm project contains two main parts:
15 2. The npm registry service. npm, Inc. runs the registry as a free (as in beer) public service for anyone
16 wanting to publish an open source package and for anyone to install an open source package.
17
18 -## Why npm, Inc. has a trademark policy
18 +## Why npm, Inc. has a logo policy
19
20 -"npm" and the npm logos are trademarks owned by npm, Inc. We have developed this trademark usage policy to make it clear how other businesses and projects can (and cannot) use the npm name and logos.
20 +"npm" and the npm logos are trademarks owned by npm, Inc. We have developed this policy to make it clear how other businesses and projects can (and cannot) use the npm name and logos.
21
22 ## General rules
23
@@ -54,8 +54,7 @@ We like to make it easy for anyone to use the npm name or logo for community-ori
54 as a for-profit project or business).
55 * Your project neither promotes nor is associated with entities that
56 currently fail to comply with the Artistic License 2.0 under which
57 - npm is distributed, or which are in violation of this trademark
58 - policy.
57 + npm is distributed, or which are in violation of this policy.
58
59 * For a user group name where:
60 * The main focus of the group is the software.
@@ -67,11 +66,11 @@ Any other requests are not likely to be granted licenses, but feel free to [ask]
66
67 ## The npm Logos
68
70 -Our npm Logos are very recognizable and deserves special treatment. The
69 +Our npm Logos are very recognizable and deserve special treatment. In short, the npm logos represent only npm and should not be used to represent your products. The
70 npm Logos signify us, or a special relationship with us, and you
71 may use them only with our permission. Since the goal is to avoid
72 confusion about you being us, or your relationship with us, context
74 -counts. We will [consider requests](https://www.npmjs.com/contact) on a case-by-case basis.
73 +counts. We will [consider requests](https://www.npmjs.com/contact) on a case-by-case basis.
74
75 ## The npm Wombat Mascot
76
@@ -90,7 +89,7 @@ relationship with npm.
89
90 This is a living document and may be updated from time to time.
91 Please refer to the [git history for this
93 -document](https://github.com/npm/documentation/blob/main/content/policies/trademark.mdx)
92 +document](https://github.com/npm/documentation/blob/main/content/policies/logos-and-usage.mdx)
93 to view the changes.
94
95 ## License
@@ -101,4 +100,4 @@ This document may be reused under a [Creative Commons
100 Attribution-ShareAlike
101 License](https://creativecommons.org/licenses/by-sa/4.0/).
102
104 -[disputes]: /policies/disputes
\ No newline at end of file
103 +[disputes]: /policies/disputes
src/gatsby-theme-doctornpm/nav.yml
+2 -2
@@ -266,8 +266,8 @@
266 url: /policies/unpublish
267 - title: Copyright and DMCA Policy
268 url: /policies/dmca
269 - - title: Trademark Policy
270 - url: /policies/trademark
269 + - title: Logos and Usage
270 + url: /policies/logos-and-usage
271 - title: Security
272 url: /policies/security
273 - title: Replication and web crawler policy
src/nav-base.yml
+2 -2
@@ -267,8 +267,8 @@
267 url: /policies/unpublish
268 - title: Copyright and DMCA Policy
269 url: /policies/dmca
270 - - title: Trademark Policy
271 - url: /policies/trademark
270 + - title: Logos and Usage
271 + url: /policies/logos-and-usage
272 - title: Security
273 url: /policies/security
274 - title: Replication and web crawler policy