dmca/2022/03/2022-03-16-jumpstart-pro.md

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2022-03-18 17:18:09 +03:00
Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md#anatomy-of-a-takedown-notice).
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While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s).
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**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am the copyright holder.
**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?**
No
**Does your claim involve content on GitHub or npm.js?**
GitHub
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
I am [private] of a product called Jumpstart Pro. https://jumpstartrails.com
**Please provide a detailed description of the original copyrighted work that has allegedly been infringed. If possible, include a URL to where it is posted online.**
Jumpstart Pro is a Ruby on Rails application template for building SaaS products. A customer can purchase the application code template from us and use it to quickly start up a new product. Since we're selling source code, it's not permitted to release the source code publicly.
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL.**
https://github.com/95566/jumpstart-pro
**Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice#complaints-about-anti-circumvention-technology">Complaints about Anti-Circumvention Technology</a> if you are unsure.**
Yes
**What technological measures do you have in place and how do they effectively control access to your copyrighted material?**
To protect the copyrighted material, we give customers access to a private GitHub repository. They can clone this repository for their own usage, but they are not permitted to open source the code they have purchased from us.
**How is the accused project designed to circumvent your technological protection measures?**
The user has cloned the repository and created a public GitHub repository containing the private code.
**<a href="https://docs.github.com/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork">Have you searched for any forks</a> of the allegedly infringing files or repositories? Each fork is a distinct repository and must be identified separately if you believe it is infringing and wish to have it taken down.**
This is the only repository we're currently aware of that is infringing.
**Is the work licensed under an open source license?**
No
**What would be the best solution for the alleged infringement?**
Repository can be made private
**Do you have the alleged infringers contact information? If so, please provide it.**
**I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law.**
**I have taken <a href="https://www.lumendatabase.org/topics/22">fair use</a> into consideration.**
**I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.**
**I have read and understand GitHub's <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.**
**So that we can get back to you, please provide either your telephone number or physical address.**
[private]
[private]
[private]
**Please type your full legal name below to sign this request.**
[private]