@SickRage/collaborators @SickRage/moderators
I will have to fight this again, he is claiming his "company" owns a trademark to the name SickRage. This is a joke and I will fight it tooth and nail. Just another attempt by the drug addict to try and claim he owns the work that we all did on this project. He abandoned the project and we made it what it is. Then he popped up 2 years later and removed the entire team. If I have to take him to court, that will happen.
Hi there,
I'm contacting you on behalf of GitHub User Policy, because we've received a report that your organization, sickrage, may use another company’s mark in a way likely to mislead or cause confusion between the projects. As stated in their notice below, the reporting party believes that your project conflicts with the trademark, "Sickrage".
They've contacted us to request that the organization name be changed. Keep in mind that I'm simply passing along this information, and these actions and changes are not requests made directly by GitHub. I've included the substance of the report below.
We'd like to give you a chance to respond, or to clear up the confusion by renaming the organization and its projects (and removing other references to their name from your code, if necessary). We'll follow up with you in a week. If we don't hear from you or no change is made within that time, we may need to flag the organization and release the name according to our GitHub Trademark Policy, which you can find here:
https://help.github.com/articles/github-trademark-policy
If you believe you have received this report in error, please let us know and we will provide instructions for disputing this claim.
Please let me know if you have any questions and I'd be happy to help!
Best,
Peyton
Hi,
I am the owner of SiCKRAGE, my GitHub username is echel0n and my profile is
located at https://github.com/echel0n, my company website is
https://www.sickrage.ca, our repo is located at
https://github.com/sickragetv/sickrage.
I’d like to report a case of trademark infringement and am requesting
transfer of ownership for the following organization to my control so that
I can remedy the situation, the organization is https://github.com/sickrage and
is owned/controlled by username Miigotu, user’s profile is located at
https://github.com/miigotu, This repo also has a website located at
https://sickrage.github.io. This user/repo is a ex-team member of mine that
I let go awhile back, they and others decided to open a repo on you’re
servers under the exact same name of my company and project causing
confusion and misleading members, as you can see in the title of the repo
they have placed “The new home of the SickRage community” which leads
others to think there was some sort of change of ownership, also you’re
find the readme.md is almost identical to that of ours located in our repo
over at https://github.com/sickragetv/sickrage, You will also find in the
following issue post https://github.com/SickRage/SickRage/issues/1603 where
another member patrickstaarink advised them and others the official site is
actually located at sickrage.ca and to Miigotu’s reply was that he was
incorrect and that I was actually the one that was misleading, this in it
self is what I have been dealing with and other members of mine have had to
deal with causing great stress and confusion as to which project is
legitimate.
Examples of misleading and confusion:
https://github.com/SickRage/SickRage/issues/1603
https://github.com/SickRage/SickRage/issues/1883
https://github.com/SickRage/SickRage/issues/3683
https://github.com/SickRage/SickRage/issues/4010
https://github.com/SickRage/old-sickrage-issues/issues/26
https://github.com/SickRage/old-sickrage-issues/issues/3
https://github.com/SickRage/SickRage/commit/d9bfda3772770f9840a9f031c4b33a8e2b3594f0
Trademark word: sickrage
Trademark serial: 88117408
Trademark office: USPTO
Trademark prior usage and publication date can be found shown by this
readme.md commit:
https://github.com/SiCKRAGETV/SiCKRAGE/blob/bcbdf77bcba4855d30c2644e1a5a9ea1ac97466e/readme.md
Trademark symbol usage can be found at https://www.sickrage.ca bottom of
page
I have a good faith belief that use of the trademark described above is not
authorized by the trademark owner, or its agent, or the law. I have taken
nominative and other fair uses into consideration.
I swear, under penalty of perjury, that the information in this
notification is accurate and that I am the trademark owner, or am
authorized to act on behalf of the owner, of an exclusive right that is
allegedly infringed.
Sincerely,
[private]
I will be researching and disputing his trademark claim with ESTTA. This is a blatant hostile takeover attempt.
Good luck with that, trademark holds no bounds under GPL. I'm already filing a dispute for fraud under ESTTA. You obviously dont know what you are talking about, and you have just proven you have no legal standing.
Let's also be clear, that neither version of "sickrage" is a "business". If you want to go that route, lets see what the EFF has to say about a piracy enabling software charging for a "service". This makes you 100% liable for the use of the software since it is a "service" you provide rather than "free software"
https://help.github.com/articles/github-trademark-policy/#what-is-not-a-github-trademark-policy-violation
We can also see what the FSF says about post-fork non-infringing trademark claims if you like.
@stoney-eagle nice to see you bad mouthing the whole team when we've done nothing to you. Really shows character. 🤔
There is no "official" sickrage. The license contains no stipulation pertaining to trademark, which must be included prior to dispute when using GPLv3.
I don't claim to "own" anything, I simply maintain a project that thousands of users use, who do not want to pay to use it, or pay to store their site logins on a 3rd party server.
When someone posts an issue to this tracker who is using the other fork, yes, I tell them they have reached the wrong issue tracker and I send them on their way.
A post-mortem trademark that was freely given by the license previously is frivolous, and holds not standing in court.
For the record, SR here is in mainly a state of stability with only compatibility fixes for the past 6 months at least, and as soon as I have a proper way to inform users and give them a CHOICE, and a way to migrate those users to a new repository, I might just do that. Likely it will be called "Sick-Rage".
The github guidelines for trademarks, the GPL (and FSF), and EFF will be on my side on this. You are using a fork of a fork of a fork to monetize code written by other developers. This will be surely be brought against you as a class action copyright litigation by the contributors and users if you choose to monetize their code, which each and every past contributor owns their own code.
Your futile attempts to intimidate me/us with your fraudulent trademark filing and perjurous affidavit to github will be contested. I am not intimidated and I will stand up for the users you wish to exploit.
All forks of SickRage are the real SickRage. This is open source software, it is not intellectual property.
Echel0n abandoned the project for almost 2 years, and myself and others actually renamed it from SiCKRAGETV to SickRage. We progressed and built the userbase from a measly 600 to over 22k.
Echel0n returned and booted every member of the team, because he wanted to monetize our code.
The users were given the FULL story, and had a CHOICE whether to move to the new repository, or remain with someone acting in bad faith. The majority moved to the new location, and some have now moved to medusa. This is nothing more than an attempt to force users to use your fork, so that you can force them to pay for a service, mine bitcoin on their machines, and log their site passwords to your server.
Frankly, sickrage.ca is malware.
You wanted a war, lets have one.
Btw, removing "all references of sickrage" is against the GPL, as I must maintain the link to the original source (which is actually SickBeard, and then SickRage). I will remain in compliance with the GPLv3.
Sick-Rage™
Sick-Rage - © Dustyn Gibson (2018)
Fuck you.
Bye troll, nobody cares what you have to say. I have not ever and still am not infringing on your fraudulent trademark.
The name and all images were always part of the public code under GPL. If you have something further, serve me something actual from a court so I can embarrass you.
Since GitHub is now pointing the sickrage org at the other repo what happens for users updating?
Isn't the fight pretty simple?
sickrage is not a registered trademark. If it is registered, please
provide the trademark registration number.
echelon has previously filed a false DMCA claim against several forks of
sickbeard/sickrage an action which was successfully dis-proven as all sites
he claimed DMCA against were restored. His legal footing to claim
trademark infringement after several years, and a false DMCA claim, of
knowing about any other fork of sickrage but not making any legal attempt
to protect the name.
Honestly given the bad publicity he has generated for the name sickrage I'd
encourage miigotu and his team to spend the time to spend the time to come
up with a new name with out connection to the old and be done with echelon.
On Sat, Oct 6, 2018 at 4:20 PM Stoney Eagle notifications@github.com
wrote:
>
https://wptavern.com/the-gpl-license-doesnt-provide-the-freedom-to-infringe-registered-trademarks
—
You are receiving this because you are on a team that was mentioned.
Reply to this email directly, view it on GitHub
https://github.com/Sick-Rage/Sick-Rage/issues/4984#issuecomment-427613106,
or mute the thread
https://github.com/notifications/unsubscribe-auth/ABFFgT9b-Al5AALUIy1LvFFerxFwKxsUks5uiTqhgaJpZM4XJkoc
.
@Thraxis He has filed a fraudulent trademark, I'm just still researching how to dispute it and report the fraud.
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4810:dw9vpw.3.1
Above, @stoney-eagle says "Where or when has SiCKRAGE ever charged for services ?"
Well, in order to qualify for a trademark, they claimed exactly that they have, since 2014.
"IC 042. US 100 101. G & S: Software as a service (SAAS) services featuring software for video file management with paid premium membership features. FIRST USE: 20140309. FIRST USE IN COMMERCE: 20140309"
@OmgImAlexis when renaming an org or repo github automatically redirects. The only problem is that echelon has now made the sickrage.github.io point to sickrage.ca in order to capitalize on the traffic we generate. Our site is now only at sick-rage.github.io
All of this was orchestrated by a person who is using pirated content obtained through sickrage to profit on https:// nomercyentertainment.tk
It seems to be not responding currently, lol. A previously banned troll https://github.com/patrickstaarink who made a second account to come and troll here more @stoney-eagle
@Sick-Rage/collaborators @Sick-Rage/moderators If anyone wants to help with a full rename I'm down. My biggest concern before was that the users would inadvertently be subjected to bad actors such as @stoney-eagle and echelon by automatically being switched over to a fork that infringes on their privacy or might charge them money to use our work. They have proved that is their goal (echelon only came back to begin with because we were getting large enough that he saw an opportunity to profit, thats why he kicked us all from the project). Thank God github does automatic redirection of renames.
@miigotu I've already updated the /r/sickrage subreddit to point to the new Github URL in all sidebars, etc.
His trademark application has not been granted yet. https://www.trademarkia.com/sickrage-88117408.html https://web.archive.org/web/20181008183751/https://www.trademarkia.com/sickrage-88117408.html . It has a status of "new application filed". This means the until the US Patent Office awards him the trademark, his DMCA application with GitHub under this reasoning is invalid. Also, there is a chance to dispute the filing with the USPTO before it is granted. I found out about this project and its issues on a news website https://torrentfreak.com/ongoing-sickrage-dispute-descends-into-trademark-war-181008/
@midgetspy He removed your Copyright lol
https://github.com/SiCKRAGETV/SiCKRAGE/blob/master/COPYING.txt#L635
https://github.com/SiCKRAGETV/SiCKRAGE/blob/master/COPYING.txt#L655
And he removed git history, squashing it all as his work...
EDIT: He copyrighted "SickRage" as belonging to @midgetspy lol
https://github.com/SiCKRAGETV/SiCKRAGE/commit/7391a6e4540695d1a9980034c39a4fd3d73d8598#diff-21c55fa400e4d25aed3a755371e32151
Hi there,Thank you for your response. GitHub is not in a position to offer legal advice regarding next steps. However, if you would like to dispute the Trademark claim filed on our platform, you may do so by providing the following in response to this email:Explain the reason for the dispute including any relevant examples of prior use, fair use, or a competing trademark registration.The following statement:"I swear, under penalty of perjury, that the information in this notification is accurate, and that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."Contact informationElectronic SignaturePlease let us know if you have any other questions.Best, Peyton
===============================================
The SickRage name is not a trademark. An application to trademark it has been filed, but not granted.
https://github.com/Sick-Rage/Sick-Rage/issues/4984#issuecomment-427943643The SickRage pseudonym of Sick-Beard was added via commit to code, under GPLv3 thus protecting it under the GPLv3, fair use, and fair use.
https://github.com/Sick-Rage/Sick-Rage/issues/4984#issuecomment-427611059
https://github.com/SiCKRAGETV/SiCKRAGE/commit/7391a6e4540695d1a9980034c39a4fd3d73d8598#diff-21c55fa400e4d25aed3a755371e32151The original copyright holder of this code is @midgetspy in 2010
Such fact that he has merely filed an application for a trademarked word does not grant him legal bounds on this word since it has not been granted. And even if it were to be granted, we still have the right to use it because the license never had a stipulation to not be able to use any words. Under GPLv3, the word would have had to be trademarked prior to source release, and the stipulation added to the license.
As per the GPLv3, it states:
"Notwithstanding any other provision of this License, for material you add to a covered work, you may (if authorized by the copyright holders of that material) supplement the terms of this License with terms:
a) Disclaiming warranty or limiting liability differently from the terms of sections 15 and 16 of this License; or
b) Requiring preservation of specified reasonable legal notices or author attributions in that material or in the Appropriate Legal Notices displayed by works containing it; or
c) Prohibiting misrepresentation of the origin of that material, or requiring that modified versions of such material be marked in reasonable ways as different from the original version; or
d) Limiting the use for publicity purposes of names of licensors or authors of the material; or
e) Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks; or
f) Requiring indemnification of licensors and authors of that material by anyone who conveys the material (or modified versions of it) with contractual assumptions of liability to the recipient, for any liability that these contractual assumptions directly impose on those licensors and authors."
Most importantly in that passage is: "Declining to grant rights under trademark law for use of some trade names, trademarks, or service marks;" and "if authorized by the copyright holders of that material"@midgetspy (the copyright holder) has not authorized @echel0n (a contributor) to make these actions.
In fact, @echel0n has removed git commit history on his fork, in order to hide the origin of the code, and deprive past contributors of their due credit.This is a fork of a fork of a fork, and if this precedent would be allowed no forking on github would be safe as any person could file an application for trademark post mortem and claim all of the works and demand control of them.
https://help.github.com/articles/github-trademark-policy/#what-is-not-a-github-trademark-policy-violation
"Using another's trademark in a way that has nothing to do with the product or service for which the trademark was granted is not a trademark policy violation. GitHub user names are available on a first come, first served basis and may not be reserved. A GitHub account with a user name that happens to be the same as a registered trademark is not, by itself, necessarily a violation of our trademark policy."All of this is to the best of my knowledge fully legal for me to continue using the code, name, repositories. I feel we are under the protection of fair use and the GPLv3. I will not stand by and allow a bad actor to attempt to take thousands of hours of work by hundreds if not thousands of contributors and monetize it, while hurting the users of this software. He has pushed bitcoin mining onto peoples servers, collected site logins from their installs, and now he wants to charge people to use it according to his trademark filing.
"I swear, under penalty of perjury, that the information in this notification is accurate, and that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." (Nothing was disabled or removed, but this is what I was asked to say)
Dustyn Gibson
github.com/miigotu
[email protected]
@gsarcov do you know how I would go about disputing the trademark application and pointing out his blatant fraud?
@miigotu I know about a process called inter partes review. It is an administrative method for invalidating a patent outside of litigation, by going back to the Patent Office and petitioning them to review the validity of the patent based on the invention’s novelty or obviousness. The Patent Trial and Appeal Board (PTAB https://www.uspto.gov/patents-application-process/patenttrialandappealboard) will likely decide whether to grant the petition. It can take up to six months for the appeal board to hear the petition. If the petition is granted a hearing might be scheduled up to a year afterwards. I learned all of this by reading on how clouflare is trying to fight copyright trolls that buy extremely abstract patents and then sue companies that manufacture something that uses this abstract idea. https://blog.cloudflare.com/project-jengo/ Because going through the courts is very expensive and time consuming companies decide to settle with the copyright trolls instead. The inter partes review process (IPR) was established by the United States Patent Office to avoid going through the courts and incurring massive amounts in legal fees. I am not sure if the IPR applies to new applications though. Try contacting the EFF and cloudflare. Perhaps they can at least give you some advice on how to move forward, if they don't want to take your case considering that it relates to file-sharing and might be stigmatized by piracy. There is a documentary about patent trolls although it might not be relevant to this situation it certainly seems like he is trying to profit unduly from a community effort, almost like a patent troll. Except patent trolls make a lot of money by suing companies and startups. https://www.thepatentscam.com/watch
Update: I skimmed through PTAB's FAQ's and it seems that both IPR and the ESTTA might fit the bill. Try writing them an email or call the Patent Trial and Appeal Board and see what they have to say. I guess that @midgetspy will have to be involved if he is the original copyright owner. https://www.uspto.gov/trademarks-application-process/appealing-trademark-decisions/trademark-trial-and-appeal-board-ttab#160437 Quouting from the FAQ:
"Where can I call to get information about the TTAB?
You can call the TTAB Assistance Center at 571-272-8500 during normal business hours, between 8:30 a.m. and 5 p.m. Eastern Time (ET), Monday through Friday, except federal holidays. For General Information press [4]; to speak with an Information Specialist press [0].
The Information Specialists are available to:
answer telephone inquiries
explain how to access pertinent legal provisions and related administrative practices
provide status information on pending cases
provide access to the files of pending cases
assist in resolving problems".
@miigotu
I for one am amazed by this. I don't want to get in the middle of any battle per-se, and I certainly respect and thank echel0n for his work on my project (nzbToMedia) and the early work he did with SickRage... but I am not a fan of this type of action, sending DMCA takedown requests when (let's be honest here) we have all spent years trying to keep ahead of DMCA takedowns on digital content on usenet servers...
I have kept out of the SickRage vs SickRageTV issues, supporting both, I have kept out of Sonarr/Radarr vs Sick/CouchPotato etc supporting all, as I have seen a lot of development and support across these different platforms and I have welcomed the creativity and different approaches that each allowed.
Ultimately I have stood beside the open-source community, supporting the idea that the community will decide what they want and (for my part) I will support the community with the Apps they want (I have bundled SickRage on QNAP and Asustor, allowing the user to select the fork of their choice) and allowing postProcessing scripts to interface with all known Sick forks and Sonarr etc.
Saying all of that, I understand your stance and desire to fight. I see that there is a principle here... but I thought I'd ask a question here, that may (or may not) find a way past this.
Have you considered moving/renaming the project and changing the logo?
I understand that this would require a new domain to be registered, but if you got in now and redirected all installed SickRage services to upgrade and move to the new repo, you should be well protected (you have already won the DMCA argument over content, so it is only the name and logo in dispute here?)
I know changing a name and re-branding is not "simple" but it could stop this without need for legal disputes and filing claims with patent boards. And if you get in and get enough trending/commenting on various forums and social media sites, you could actually gain some "market share" here. I note this is already gaining interest at QNAP forums, SynoCommunity, Torrent, and Usenet forums etc.
If however you think this is likely to continue after moving/renaming, then I certainly understand why you should hold your ground and shut this down.
If you did decide you wanted to rename/re-brand etc, I am happy to add the links and details over at nzbToMedia, and I can update Apps at Asustor (possibly QNAP too if you don't have a maintainer there ready to do so).
Just a simple question to consider. Otherwise, if there is anything I can do from the Asustor App or nzbToMedia side, just let me know.
@clinton-hall thanks. Almost exactly what you said is how I feel. This whole situation to me is just a power grab in the way I see it, and many people see him as a bad actor. If people inadvertently get thrown onto his version, based on the name recognition that 40+ developers have helped build when he was away and since then I think that hurts users. It also bothers me because the license prevents him from legally being allowed to trademark the name, without Nic's permission. So I guess I feel obligated to stand up for free software and the users.
There was simply no reason for him to open up another challenge here. I'm guessing because he saw decreased activity here it would go unchallenged.
That being said, I can move current users fairy easy, but if they have to re-clone they might be confused (seeing as he has already bogarted sickrage.github.io and redirected it to his insecure site, which we promoted and got a top ranking in google).
It's quite a bit of work to rename everything in the code, and he is stealing people's hard work and effort. He has even changed git history on his repo to make it look like for example that I only has 150 commits before he came back (it was around 1000). There are just all sorts of violations here.
I just don't know a way out without seeming or feeling like I gave up on people or the things us open source developers believe in.
I could just rename it SiCKRAGETV and make him pay to apply for that trademark, and then change it to echel0n and make him pay to trademark that, and then change it to sickrage.ca and make him pay to trademark that, lol....
Like how do I beat a troll without being at least SOMEWHAT of a dick myself.... This is really stressful.
@gsarcov I might have to continue the ESTTA route and point out his blatant fraud, and his intent to sell software that is not in his best interest to sell. He doesn't even understand what commerce is. I'm just trying really hard to let this all process before going too far. It's a clusterfuck.
@miigotu I think a rename would be best. It would be a hurdle, but also a way to distance the group here from the other group. Word will get around quickly in the various communities, and eventually users will be in-the-know about which one they should be paying attention to ;) After all, your team here aren't the ones who "rage quit". He's sick and filled with rage. May as well let the rage be his legacy. lol.
Now is a good chance for you and your trusted team members to have a private discussion about a new name. Consult with an intellectual property lawyer regarding trademarks, especially one versed in software. File for a trademark if you are able. Possibly a community fundraiser can assist with the filing fees. Don't discuss the new trademark, until the filing has taken place. In the mean time, use a temporary name just like the movie studios do when traveling around filming movies, or what Microsoft and VMware do with new projects they're working on. "Codename Longhorn" (MS Windows Vista), "Project Octopus" (VMware), etc. Once the trademark is filed, via lawyer, have your renames, domain changes, and new commits ready to update the code and fire them off. Get your team members ready with a plan for publicity to find and visit all the various communities and inform them of the new locations.
You can even contact project maintainers that include your project, such as docker images, "PlexGuide", etc, and send them notice or submit commits to get them updated to your new location.
Hope this helps.
It was originally "Sickbeard-TVRage Edition" - TVRage is dead, so the name doesn't even make sense anymore.
@miigotu
Try not to get stressed over this... let's look at the simple facts:
So, what github have indicated does not give him what he wants (ownership and control of your repo). In that regard, if you did change name and remove references etc, you wouldn't be "loosing".
But you have time to respond. Keep in contact with github and make sure you are aware of any dead-lines so as to ensure you don't get locked out. If you do proceed with filing fraud/infringement etc, keep github informed of your actions.
Have you had any contact with midgetspy directly? I am not aware of how popular the current SickBeard is, but would it be possible to partner with SickBeard and merge your current SickRage back into the original code?
Just thinking outside the box, but partnering with the original code (if Nic is happy to do so) would surely protect your work from attack and would allow a re-branding in partnership with a well established "brand".
With regard to removing "all references of sickrage" being against the GPL, I note github requests "removing other references to their name from your code, if necessary" and I would expect that references bound by GPL should not be necessary to remove... But here is the thing, if SickRage is (eventually) Trademarked I will need to remove all references from my project and wiki, and I may not be able to support any SickRage app without first requesting Trademark approval (and honestly I can't/won't do that as I don't have time to go through that for something that is essentially a spare-time hobby). Personally (as far as I am aware) I only package apps that are open-source and are NOT Trademarked.
In short, this move to trademark the name may actually prohibit any other devs/platforms from packaging and supplying an App unless they have a contract with the source.
@miigotu You can fight it, but in the end echel0n will win this one. Unless you have proof that you used the name before he did, he will have seniority over your use of the name. This means that even if you were the one trademarking the name, the right to use it would go to echel0n if he fought it because he was the first one to use it.
What echel0n doesn't realise is that, by trademarking the name and marketing it as a SaaS solution (which it isn't), he is opening himself up for a multimillion dollar claim from the entertainment industry. The ONLY use of Sickrage in any shape way or form, is for illegal downloads of copyrighted material, and by trademarking it, you show intend to make money off of that. He'd never win that trial.
I would rename the project. And then send the trademark application, including links to his project to the relevant agencies. IRS, MPAA, and the like, would be much obliged.
Keep up the good fight.
I will think about it a few days before I make too much drastic decisions, anyone can email me or if you have telegram or line messenger we can link up there to talk about any new name ideas.
Maybe we will change the name of the Organization and the Repo, but still fight his fraud.
@clinton-hall I would love to just add torrents to Sick-Beard, but I believe they want to keep that uncluttered and in the safer realm of nzb only. I could be wrong.
I have some ideas, and actually, I have been messing around with a new base rewrite over the past year or so, so that is an option as well. I'm sure with my new base there are a thousand times more developers who would be able to help.
As a big FU to Echel0n, you might consider EdgeAlone as the new name? :rofl:
If this continues, I am going to file charges for harassment and go after him in civil court.
10/9/2018
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@miigotu I know about a process called inter partes review. It is an administrative method for invalidating a patent outside of litigation, by going back to the Patent Office and petitioning them to review the validity of the patent based on the invention’s novelty or obviousness. The Patent Trial and Appeal Board (PTAB https://www.uspto.gov/patents-application-process/patenttrialandappealboard) will likely decide whether to grant the petition. It can take up to six months for the appeal board to hear the petition. If the petition is granted a hearing might be scheduled up to a year afterwards. I learned all of this by reading on how clouflare is trying to fight copyright trolls that buy extremely abstract patents and then sue companies that manufacture something that uses this abstract idea. https://blog.cloudflare.com/project-jengo/ Because going through the courts is very expensive and time consuming companies decide to settle with the copyright trolls instead. The inter partes review process (IPR) was established by the United States Patent Office to avoid going through the courts and incurring massive amounts in legal fees. I am not sure if the IPR applies to new applications though. Try contacting the EFF and cloudflare. Perhaps they can at least give you some advice on how to move forward, if they don't want to take your case considering that it relates to file-sharing and might be stigmatized by piracy. There is a documentary about patent trolls although it might not be relevant to this situation it certainly seems like he is trying to profit unduly from a community effort, almost like a patent troll. Except patent trolls make a lot of money by suing companies and startups. https://www.thepatentscam.com/watch
Update: I skimmed through PTAB's FAQ's and it seems that both IPR and the ESTTA might fit the bill. Try writing them an email or call the Patent Trial and Appeal Board and see what they have to say. I guess that @midgetspy will have to be involved if he is the original copyright owner. https://www.uspto.gov/trademarks-application-process/appealing-trademark-decisions/trademark-trial-and-appeal-board-ttab#160437 Quouting from the FAQ:
"Where can I call to get information about the TTAB?
You can call the TTAB Assistance Center at 571-272-8500 during normal business hours, between 8:30 a.m. and 5 p.m. Eastern Time (ET), Monday through Friday, except federal holidays. For General Information press [4]; to speak with an Information Specialist press [0].The Information Specialists are available to:
answer telephone inquiries
explain how to access pertinent legal provisions and related administrative practices
provide status information on pending cases
provide access to the files of pending cases
assist in resolving problems".
@miigotu @gsarcov IPR would be for a patent. For a trademark you need to file with the TTAB office. Take a look here:
https://www.uspto.gov/sites/default/files/documents/BasicFacts.pdf
Page 29, filing an opposition to a Trademark Application.
Also, might want to give a gander to http://www.wipo.int/madrid/en/ which files for trademark protection across multiple countries. US trademarks are not necessarily binding in other jurisdictions.
Also, feel free to show GitHub/TTAB this:
https://github.com/SiCKRAGE/SiCKRAGE/graphs/contributors?from=2016-01-29&to=2018-10-09&type=c
To help buffer the "abandonment" of the project aspect.
Lastly, maybe this is a sign that it might be time to just run with a new name/icon. Run a community contest to pick a new name and logo (Though the trademark doesn't appear to include the logo). I am sure there are ample skilled graphic designers in the Sick-Rage user base who would love to contribute to the project in that way. Break the ties, and before you release the source code with a new name/logo, trademark it. Game over for Justin Tabish.
Who also inadvertently opened his information to the the internet by filing a trademark:
http://tmsearch.uspto.gov/bin/showfield?f=doc&state=4806:ekrx12.2.1
The name change is coming, but not because any of this scares me. Mostly because I want to just wash our hands of echel0n. We were a thriving community before he came back on the scene, and since then it has been greatly diminished (as I am sure this harassment will also diminish it further).
At this point, I think there's significantly more to gain by a name change than just a personal victory over him because of his antics and bull. He's made some trademark claims that are quite fraudulent and may put the name itself in jeopardy (for us as well as himself) since he's claiming he's charging people for services relating to an app that has a strong case against it for being a primary function to facilitate piracy.
Even if we keep the name and win that battle, if he gets sued for copyright infringement over those claims he's making, it would likely drag us into that claim as well. Better to let him keep his brand name (maybe tip off the MPAA about his activities, if you are so inclined), and change the name to something else he can't claim as his own regardless, and be done with it and all legal liability he's opening himself up to at this point by going through this process.
@phaseburn he doesn't seem to understand that he's opening himself up to big time litigation lol. I tried to explain that to him.
He doesn't understand that "First used in COMMERCE: 20140304" (capital commerce) is the date that they will use in court to set his judgment amount haha.
There is a HUGE difference legally between people who write software that can be used to commit piracy, and people who facilitate piracy by selling the software or services related to it. This is exactly how selling Kodi boxes is illegal, but Kodi itself is not illegal.
This risk of entertainment industry latching onto the name and going to war with it now is exactly why we will change the name.
Just trying to come up with what to change it to in private.
So I just noticed he's completely removed all of MY commits when he squashed it all, see this does this not violate the "State changes" section of the GPL-3.0 since there's now no record in his code base that I wrote or licensed any of the code.
The original commit of me adding the metaToBool and getMeta functions, according to this echelon wrote it... 🤔
Can Nic Wolfe file a DMCA claim against echel0n?
As pointed out by miigotu, this commit https://github.com/SiCKRAGE/SiCKRAGE/commit/99fb37277daf8bce54273b3128347117081745b7 has removed his name from the licence agreement, so appear to violate the GPL, since he no longer displays the original copyright notice, but his own.
This is the second time this Echelon idiot has attacked the software, now he's messing with peoples income.
How can this problem be solved and him gotten id of?
To be clear, sickrage (and sickbeard) have a nice, clean, non intensive UI which is fast, responsive, easy to read.
I've tried Sonarr, it's a horrific mess of a thing.
I've switched, very reluctantly to Radarr, only due to a major bug in Couchpotato which isn't being fixed (it's dead Jim)
I'm very happy with sickrage, it does all I need, no flashy garbage, it just works and it is bland enough to work fast over RDP or even my cell phone out on the town.
I really don't want to give up on sickrage, but this (I think) is now the second time my software has been damaged by this fool. Github really should think very carefully before letting someone else take over something like this, entirely ridiculous - they seem partially to blame here.
@OmgImAlexis he squashed and rewrote refs for over 1k of my commits -.-
@viperidae I believe he can, but honestly I don't think @midgetspy wants to be involved with this any more than the rest of us.
hmm, just noticed @stoney-eagle deleted their account and their comments from here, as well as their other github account @patrickstaarink
I wish the username Chill wasn't taken lol, I'd rename SR to "Chill", so "Netflix and Chill" took new meaning.
Gah, really annoying that this is happening to you guys. That guy is showing so many examples of logical fallacies that it's amazing that he can even function in society - the sort of person we all laugh at on NotAlwaysRight.
Just adding another voice saying that you're pretty much spot on on everything you've said here regarding the GPLv3, trademarks, and copyright claims. Unfortunately for him that idiocy is just going to end up with the big guns going after him now he's admitted making money from his fork of SickBeard for several years (doesn't matter how much he made, but he admits having a bitcoin miner which is enough to take it into their territory). Adding to that is his copyright theft (recent history rewrites in git - does he not realise that GitHub is legally required to keep all changed including the ones he's tried to hide??).
I've go a feeling that the end result of this is him getting in serious trouble (with the recent mega-upload case delay the MAFIAA is itching for more examples) - with him being forced to pay more than he has (well deserved tbh), but with the fallout possibly causing the entire SickBeard tree to be removed :-(
You could always go with a mispelling of "chill" there, I'm partial to swapping an I to a Y myself :-P
Don't let this stress you out - go have some Netflix and Chyll... Erm, ok... Maybe it doesn't work... :-P
Or we could use the line "less rage, more chill". 😉
Brilliant @OmgImAlexis
SickChill
Less Rage, more Chill
Organization name already taken...
Off topic but .. doesn't this violate our DMCA notice we had with him before??
Yes, he is in violation of so many laws lol...
Lets stick to email or telegram or Line messenger for name ideas lol....
Actually I think since he's now using sickrage/sickrage that means that he's violating that DMCA so Github could take it down if someone we're to idk... email them. 🤔
Why aren't you @miigotu , and the rest of the remaining devs, joining the Medusa team? As far as i can tell it is almost exactly the same as Sickrage. And you have already did some contributing to that repo in the past. (maybe there's a reason those 2 are split but i couldn't find anything about it on the internet) And leave echel0n with Sickrage and his few users?
Sickrage has and does work entirely fine, when idiots aren't deliberately damaging it.
There's simply no reason for many of us to switch to sickrage, it just works and it works pretty nicely.
Ho hum.
Because of the auto-update, suddenly my local repo, and I bet the repo of everyone else, pulled from his branch. I'm very annoyed by this. I don't want his code on my machine.
Took me a bit to figure out that the code I use and love has moved to SickChill. So I'll use that from now on.
Also, when restarting sickrage it just pulls the code from the old repo again. Setting config.ini's git_remote_url fixes that, but man, this must be a headache for you guys.
@NoAgendaIT Yeah... frustrating. Some brainstorming will have to take place so that this can be prevented in the future should it happen again. Perhaps a combination of public key infrastructure can be used to allow the local git wrapper to require some file token to be signed and present in the git repository as a binary object -- and only if it is signed with a specific private key, would the git wrapper in SickChill continue to pull and apply it. If the repo URL is ever hijacked in the future, this would set off a local check and alert in the self-update process by notifying the user that the update channel file is failing this new independent signing. Anyone have ideas or suggestions on this? Another idea would be an out-of-band method where other social media channels are used to push information about where the current repository URL is at. The git wrapper could first hit an official twitter account to check the latest tweet and "hash" are present there, before following the URL to the repo posted in the latest tweet.
@YipYup yeah but the real problem is that current users have to edit config.ini themselves and update git_remote_url to the new location before restarting sickrage / sickchill.
If they don't do that, then, upon restart, the hijacked repo is just downloaded again.
Oh, I just saw https://github.com/SickChill/SickChill/issues/5022 where this is explained. Cool. :)
Did anybody else notice that the complainant here actually infringing on big name trademarks himself, using third party logos that are registered trademarks of others, on their .ca website?
@YipYup yeah but the real problem is that current users have to edit config.ini themselves and update
git_remote_urlto the new location before restarting sickrage / sickchill.If they don't do that, then, upon restart, the hijacked repo is just downloaded again.
I understand. I'm just thinking of how it could be prevented next time around so that there is an out-of-band way for the devs to provide a URL to where the current repository should be located at -- should it ever happen again.
I don't hold the developers responsible, but it would be nice to avoid this garbage in future.
Also github have demonstrated they can't be trusted, so obviously keep a local backup of everything if possible
on their .ca website?
No, because thankfully, their website is down at the moment. Has Cloudflare pulled the plug on him too? Yesterday when I checked it, it was under DDoS mitigation mode.
require some file token to be signed and present in the git repository as a binary object
You would need to update the file for every commit/release. Otherwise the file could be copied anywhere and it would verify ok. Or new commits on a taken-over repo would be accepted.
An option would be to sign the commit hash, but you'd need somewhere else to store that signature.
Crypto stuff isn't easy. If you do it poorly you may as well not do it at all.
@viperidae we could distribute it in a blockchain haha...
But seriously, there wont be anything to worry about anymore. There is nothing anyone can do to us now, whether we were in the right or wrong doesnt matter. We just washed our hands of him and took away his power, like ripping off a bandaid 1 year later.
@miigotu perhaps it would be worth putting an indirect pointer in the update/download URL code.
The code has been using a direct pointer to the repo, like: https://github.com/sickrage/sickrage/
Instead, have the code use an indirect pointer to another, safely controlled URL, like http://sickchill.github.io/
You could also store checksum information, or other "security" information in the safe URL location.
Now that I have the story, I can go home and fix my precious toy.
Cheers,
dVt
One way to prevent this is to use signed tags, which can easily be verified by the updater client.
Or (given the parties involved) - simply check that the copyright license has the correct copyright owners... :-P
Simply relying on licensing and assuming everyone will respect that has recently proven to be... Untrue.
So the choice is to either:
@miigotu: So is the update I just got yesterday echel0n's or yours?
Knowing echel0n it's just a matter of time before he finds something else to abuse to go after anything that's forked from "his" sickrage. He'll never learn.
Is it still possible to donate?
Because after reading up on everything I like to! Have been using the application for years now!
@TagForce exactly why I gave him what he wanted and changed the name. He can't claim anything anymore.
@Eagllus only through various crypto currencies right now, because echel0n had my paypal locked and they havent unlocked it yet. If anyone wants an address for any cryptocurrency, lmk.
Hahaha the fraudulent SickRage issues site is down, guess he doesn’t like people knowing he’s bit of a douchecannoe 👍🏼
@miigotu: I'm assuming that the answer to my previous question is that I was tricked into updating to a version I shouldn't upgraded to. Do you have info somewhere on how to go back to the fork I want to be on (i.e. yours)?
This is what worked for me (and is in NO way to be interpreted as an official response) as root, or appropriately privileged user:
(Stop sickrage first however you start/stop it...)
cd </path/to/sickrage>
mv app app_old
mkdir app
cd app
git clone https://github.com/SickChill/SickChill.git
chown -R <sickrage-user>:<sickrage-group> ./
(Start sickchill however you start/stop it. Note that the directories, init script, and UID/GID names will still say sickrage, until you correct all these things manually. Best to not attempt it and wait for official packages, and then just back up your database, nuke sickrage entirely from your system, and install sickchill from scratch and import your backups.)
@miigotu You and the team have done a great job of the years to get this where it needs to be. Like @clinton-hall has stated try to keep the peace for the users etc..
Yes fight this to the end to keep what is yours and the teams but in the end the Users is what makes a application great. The more users that are on the platform the more Development can take please and the better things become (My View).
This is all just the same crap that happen last time that impacted tons of users for weeks.
Remember no matter what happens there are users and team members from all forks that have helped in some way or another to get where SickRage/SickChill is now even MedUSA and other forks as well.
It is 1 Community with some bad apples.
If there needs to be updates to or anything please post them on the NEWS.
Thanks to all :)
My heart goes out to you @miigotu
I was wondering why my Sickrage wasn't working anymore. It had to be an echelon's move. Fuck echelon, fuck his mining code, fuck all of him.
I'll give a try to @phaseburn method to revive my sickrage app
The dearest "friend" of this repository will surely come at it again, once the rename distracts him for a little bit. He seems to think the contents of this repository are his (erroneously) no matter how much work has been done here without him. He seeks to simply cause disruption in whatever destructive manner he can manage in a bid to drive users to his version. Not very compelling that, but damaged software is still damaged regardless the means or intent; this causes devs here to continually conduct repairs against the vandal.
How do you protect against him disrupting the actual contents by malicious damage (I suppose simply ignoring obviously bogus and/or mass pull requests does this)? Or what prevents him making some additional bogus claim with github themselves that compromises the operation of the online repo?
Some defense mechanisms like making system startup less vulnerable to network hosting of data that can go away (such as network_timezones.txt) would seem reasonable. Keep that online file, sure, as the latest up to date copy. Consider additionally keeping a copy in the repository that is provided by git clone and fall back to it if the live network version should become unavailable. This is the key thing that killed my local copy during this latest round of hate shenanigans.
But what other measures can be taken ahead of time and in defense against future malicious attacks by this oxygen consumer / carbon dioxide producer? Sure, it may be hard to predict those actions, but I'll bet he comes at the ramparts again even though they have a fresh new (and nicely renamed) coat of paint courtesy: SickChill
Just a small info, The unspeakable e is pushing out updates and changes.
When can we that have installations for example for Readynas expect install packages?
Right now i think its a mess in my sickchill folder..
Regards..
I haven't gotten to readynas yet, Ill try and do it tonight. Its a lot of work to change names ahhhhh
I haven't gotten to readynas yet, Ill try and do it tonight. Its a lot of work to change names ahhhhh
@miigotu
No rush... It seems i'm on the correct version despite the mess in my sickrage folder.
I'm good for now.
Will keep an eye out for any unwanted changes just in case.
Thanks for the great work you and your contributors do!
Im just going to leave this here:

New reddit is at /r/sickchill
Doesn't matter who made it, it wasn't you echel0n. Your trademark is a lie. Bye
Isn't it against GitHub's guidelines to use another account to get around being blocked in a repo? Pretty sure you can get suspended for that. 🤔
Lol @ his karma.
I just checked my virus scanner log and supprise, supprise see what I found about the website of Echel0n:
-Blocked Website Details-
Malicious Website: 1
, , Blocked, [-1], [-1],0.0.0-Website Data-
Category: Trojan
Domain: git.sickrage.ca
IP Address: 104.27.168.129
Port: [52584]
Type: Outbound
So keep away from everything Echel0n does.
@miigotu called it days ago:
Frankly, sickrage.ca is malware.
Truth.
This is at least the 3rd time he's made a load of work for me. Thank you Miigotu for all your hard work!
@scythe000 everyone understands your frustration, but please align with the GitHub code of conduct and refrain from profanity, thanks
Keep up the good work! I was wondering what happen to this repo and super glad to find it again !!! :D
He just doesn't stop.

He will run out of axes to grind soon enough. Shame. Really wants attention doesnt he?
As far as I'm concerned, anyone who wants to rigidly control anything can simply pack it up in a box, lock it, put it in the back corner of a warehouse, and throw away the keys. Noone will touch it, think about it, or recognize it.
Goodbye 'sickrage'.
Nah i get more of a feeling that he has a skewed view of the legitimacy of his actions, seeing them as justified as the 'product' is his personal property as opposed to a community owned and driven project. This, coupled with a personality that requires satisfaction by way of what he would consider 'justice' for perceived insults and wrongs (even if he did burn his own bridges), leads him to act out in any manner he can, even to totally destroy the very object of his desire if necessary - its pretty much a scorched earth policy. So even though he is trying to foist his virus like code on the user base, he would rather totally destroy the project and brand than see it continue to thrive in any other form.
Its classic narcissism with a dash of sociopath thrown in really. Youll find he alienates everyone around him eventually and by now has no friends. His family probably barely tolerate him. He probably spends most of his waking hours staring at his screen, in his moms basement, running 'revenge' scenarios in his head.
I feel sorry for him. Really.
@OmgImAlexis is there a way to mail all members of a subreddit right in their reddit mailbox? I say we notify everyone, and just close it down. We can invite everyone to the new reddit in the mail if that is possible
I understand it to a point. I take pride in the work that I do on my projects, I feel like they are a part of me sometimes, and it hurts just a little to see them being used elsewhere sometimes when it is direct competition (which feels like you are personally being rejected). The difference is I have a strong core belief that I did that work (and so did others) for the enjoyment of others, and I willingly did that work just to give it away for free for the common good. I don't own the work or ideas I do on open source projects, I just take credit for what I did and give credit where it is due, and I continue on respecting and honoring the beautiful thing that is GPL and FOSS.
Nothing open source is "owned" by any single entity, even if some companies own names, regardless how much they paid to be able to claim so.
The new subreddit appears broken, I submitted there a week ago, not posted.
I haven't seen any member posts at all.
Might wanna fix that first.
Holy crap... i had no idea. I went to the "new" SR, had problems... ended up in his forums... Got help... Found another problem, went to the readynas forum which had the link here... again, HOLY CRAP. So shady. I just got that junk off my NAS and got the PROPER stuff up and running. Thank you guys for all you've done and continue to do!
@jaxjexjox Sorry I didn't respond sooner, but I did fix the moderation settings on the reddit right after you posted that it was requiring every post to be moderated.
@x219c I am glad you found it. I wish there was a way to warn you and other users sooner before he performed his fraudulent hostile takeover.
I encourage everyone to post, notify, email, whatever you have to do in order to get the message to everyone you can. Not for a selfish reason such as pride of having more users, but simply because I am worried about what he is doing with their data and the risk he poses to their machines. I would recommend you change any passwords for services, notifiers, providers you use that were defined in your config.ini because he did use an auth adapter that sent each and every request through an auth adapter on his PC. I do not know what he did with that data (if anything at all), but he definitely had the opportunity to. He very easily could, for example, grep anyone's plex login information and make himself a friend in a share on their plex server and watch videos from their plex, download files using their private tracker logins, etc. Of course such things are the LEAST serious thing he could do with your data. The worst thing would be using such data to gain access to their machine, which would not be difficult due to many users who use the same password for many things. With such information he could build out a botnet, install crypto mining software, etc without the users ever knowing it is happening since it is no longer directly in the SR source.
To add to @miigotu 's post I would like to warn once again everybody not to run packages as root or admin.
This is especially important for Python application, because they are running from source and are very easy to manipulate.
There is absolute no reason why anyone would do that and it is a big security risc.
For example a lot of users altered the Synology package to run as root so they don't have to bother with permissions to access files.
This was especially done after Synology made a change in DSM 6 to thighten the security.
On other platforms many people are als running applications as root or with admin privileges.
BAD IDEA!!!!!
I reported echelon to github saying he is stealing code, using social engineering to do hostile takeovers and putting users at risk by effectively injecting code on users' machines. You should do the same if you feel this holds true.
this piece of shit wasted a LOT of my time....
not happy about it. Thanks for being persistant and sticking around guys. I know how this feels as we had something similar happen on an opensource project i LOVED
@daign2002 Thanks for sticking with us. I understand totally how you feel, because I have felt situations like this before as a developer and as a user. Sadly it happens too often in open source, but thankfully we can continue on. What was the other project that you had a similar issue on? Maybe I can help there haha.
Since this seems to be the defacto thread.
Anyone here smart enough to fix up a plugin (iocage) for FreeNAS?
There was one for SickRage so it only needs a bit of work to modify it?
I've tried encouraging this but not had much luck.
@jaxjexjox You could provide the link, and maybe me or someone can try and take a look sometime =P I will fork it right into our org and make it official.
YipYup wrote: "I think a rename would be best. It would be a hurdle, but also a way to distance the group here from the other group. Word will get around quickly in the various communities [emphasis added], and eventually users will be in-the-know about which one they should be paying attention to ;) After all, your team here aren't the ones who "rage quit". He's sick and filled with rage. May as well let the rage be his legacy"
So, I'm just another user in the community. Since I was smart enough to install and run SickBeard and then SickRage, I coincidentally know how to use Google to search for answers. When I was ready to put some time into updating my SickRage (many commits behind/problem updating), I was led here to read all about this shenanigans and solve the issue by shutting down, editing my config.ini and git remote to point to SickChill. All fixed for now, and I'm faithful that things will be better in the future for SickChill....... screw SickRage..... it's just a name, and now a bad name.
This is my testament to the fact that, your user community will adopt SickChill.
miigotu, and all, THANK YOU all for all of your hard work!
This issue has been automatically marked as stale because it has not had activity in 60 days. It will be closed in 7 days if no further activity occurs. Thank you for your contributions.
This issue has been closed due to inactivity in the last 67 days.
Wow, i never knew people could be so childish. You don't steal someones project name. End of.
Most helpful comment
@miigotu
I for one am amazed by this. I don't want to get in the middle of any battle per-se, and I certainly respect and thank echel0n for his work on my project (nzbToMedia) and the early work he did with SickRage... but I am not a fan of this type of action, sending DMCA takedown requests when (let's be honest here) we have all spent years trying to keep ahead of DMCA takedowns on digital content on usenet servers...
I have kept out of the SickRage vs SickRageTV issues, supporting both, I have kept out of Sonarr/Radarr vs Sick/CouchPotato etc supporting all, as I have seen a lot of development and support across these different platforms and I have welcomed the creativity and different approaches that each allowed.
Ultimately I have stood beside the open-source community, supporting the idea that the community will decide what they want and (for my part) I will support the community with the Apps they want (I have bundled SickRage on QNAP and Asustor, allowing the user to select the fork of their choice) and allowing postProcessing scripts to interface with all known Sick forks and Sonarr etc.
Saying all of that, I understand your stance and desire to fight. I see that there is a principle here... but I thought I'd ask a question here, that may (or may not) find a way past this.
Have you considered moving/renaming the project and changing the logo?
I understand that this would require a new domain to be registered, but if you got in now and redirected all installed SickRage services to upgrade and move to the new repo, you should be well protected (you have already won the DMCA argument over content, so it is only the name and logo in dispute here?)
I know changing a name and re-branding is not "simple" but it could stop this without need for legal disputes and filing claims with patent boards. And if you get in and get enough trending/commenting on various forums and social media sites, you could actually gain some "market share" here. I note this is already gaining interest at QNAP forums, SynoCommunity, Torrent, and Usenet forums etc.
If however you think this is likely to continue after moving/renaming, then I certainly understand why you should hold your ground and shut this down.
If you did decide you wanted to rename/re-brand etc, I am happy to add the links and details over at nzbToMedia, and I can update Apps at Asustor (possibly QNAP too if you don't have a maintainer there ready to do so).
Just a simple question to consider. Otherwise, if there is anything I can do from the Asustor App or nzbToMedia side, just let me know.