dmca/2017/2017-03-06-NNG.md

Dear [private]:  
  
As you know, we are outside intellectual property counsel for NNG, Kft. (“NNG”). I am
writing to follow up on all prior correspondence written on behalf of NNG, including [private]’s prior correspondence to GitHub, and to provide an updated and supplemented version of my cease and desist letter dated February 22, 2017. This letter is intended to function as
both a notice under 17 U.S.C. § 512(c)(3) and § 1201.  
  
We believe that GitHub’s requirements for a notice under 17 U.S.C. § 1201 as you set
forth on March 1, 2017, are not supported by the statute or applicable case law. Nevertheless,
per your request, I am providing the following information. Under penalty of perjury, we are
authorized to act on behalf of NNG and NNG owns exclusive rights in the copyrighted works
identified in Section 1 below. NNG has a good faith belief that the material complained of herein
is not authorized. NNG believes that the information contained herein is accurate. My electronic
signature is reflected below. I may be contacted through the contact information above.
  
I. Copyrighted Works at Issue  
  
NNG is the owner of all copyrights in its iGo brand navigation software, including, without
limitation, the following U.S. copyright registrations:

Title of Work | Registration Number | Author | Completion Date | Registration Date
------------- | ------------------- | ------ | --------------- | -----------------
iGo 2008 | TX0007685142 | NNG Kft | 2007 | 5/29/2013 |
iGo Amigo | TX0007685141 | NNG Kft | 2009 | 5/29/2013 |
iGo Primo | TX0007685140 | NNG Kft | 2010 | 5/29/2013 |
iGo Primo 9.6.2.202130 | TXu001912433 | NNG Kft | 2011 | 10/7/2014 |
iGo Primo 9.6.2.209584 | TX0007926787 | NNG Kft | 2011 | 10/7/2014 |
  
(Collectively, the “Copyrighted Works”).  
  
II. Links to GitHub Content At Issue  
  
Group A: The following links (along with all copies and forks of JCI_NNG_Tool.exe, nng_patcher.exe and nng_patcher.py) are software used to circumvent the digital rights management of NNG software through: (1) removal of hardware key detection in the navigation executable; (2) removal of the check to determine whether the content is licensed; and (3) removal of protections ensuring driver safety and legal compliance.  

https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/tools/JCI_NNG_Tool  
https://github.com/Trevelopment/MZD-AIO-TI/tree/master/tools  
https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/tools/nng_patcher ((1) and (2) only)  
https://github.com/diorcety/mazda3/tree/master/nng ((1) and (2) only)  

Group B: The following links are to information for circumventing digital protections of NNG software on head units:  
  
https://github.com/Siutsch/AIO---All-in-one-tweaks/blob/master/choose/docs/Mazda%20Navigation%20Instruction%20Rev.2.pdf  
https://github.com/DaveX81/mazdaMZDTweaks  
https://github.com/diorcety/mazda3/wiki/NNG-Speedcam-patching  
https://github.com/diorcety/mazda3/wiki/NNG-CID-patching  
  
Group C: The following links are to illegal copies of NNG code and data files:  
  
https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/config_all/speedcam-patch/color/_skin_jci_bluedemo.zip  
https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/config_all/speedcam-patch/jci/nng  
https://github.com/Siutsch/AIO---All-in-one-tweaks/blob/master/choose/config_all/speedcam-patch/jci/nng/project_config/igo9.ini  
  
III. Legal Bases for Demand  
  
GitHub’s distribution of the foregoing code violates the Copyright Act of 1976, 17 U.S.C.
§ 101 _et seq._, including § 501. GitHub’s conduct also violates the anticircumvention provisions
of the Digital Millennium Copyright Act, 17 U.S.C. § 1201. Specifically, among other violations,
GitHub is offering to the public, providing, or otherwise trafficking in technology, a product,
service or component thereof that is, among other things, primarily designed or produced for the
purpose of circumventing a technological measure that controls access to the Copyrighted
Works or protection afforded by a technological measure that effectively protects NNG’s rights
in the Copyrighted Works. _See_ 17 U.S.C. § 1201(a)-(b). As a result, GitHub is subject to liability
for actual damages, statutory damages, and attorneys’ fees and costs, as well as injunctive
relief. _See_ 17 U.S.C. § 1203.  
  
IV. Demand  
  
NNG hereby demands that GitHub immediately disable or remove access to content
located at the links identified above. NNG further demands that GitHub: (a) provide us with a
report by March 10, 2017, showing all downloads and views of the subject code and
instructions, including the user names, contract information, and IP addresses; (b) preserve all
evidence relating to the subject code; and (c) provide us by March 10, 2017, with a written
explanation of GitHub’s legal position.  
  
This is NNG’s final attempt to obtain GitHub, Inc.’s compliance prior to filing a federal
lawsuit against GitHub. If GitHub does not disable or remove access to the content listed at the
links above by 5:00 p.m. PST on Monday, March 6, 2017. NNG will file a federal lawsuit
against GitHub. We hope to avoid taking this action, but, at this point, GitHub is leaving us with
no reasonable alternative.  
  
NNG expressly reserves all of its rights and remedies. Nothing herein should be
construed as a waiver.  
  
Sincerely,  
[private]  
Lewis Roca Rothgerber Christie LLP