dmca/2023/11/2023-11-07-tymphany.md

**Are you the copyright holder or authorized to act on the copyright owner's behalf?**

Yes, I am authorized to act on the copyright owner's behalf.

**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.**

Copyright of the entire source code which I'm submitting a DMCA takedown to, belongs to Airoha Technology, which is an IC design house company in Taiwan. Tymphany HK Limited. is [private] company, we are a manufacturer for audio related products.
Airoha is one of the most important IC provider for us, we purchase Airoha ICs, design product based on Airoha platform, and have access permission to part of their source code/SDKs based on NDA (non-disclosure agreement) and SLA (service-level agreement).

**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.**

The source code is the SDK of an Airoha IC (model name is AB1585). Copyright of the entire SDK belongs to Airoha Technology, and is not opened to anyone that is not a client of Airoha and/or not under NDA/SLA protection. We Tymphany is a client of Airoha, we design products based on Airoha ICs, we purchase Airoha ICs, and we have NDA/SLA signed.

This is the repository in our organization [private] space  
[private]  
You can find that in almost all the source code files, they all begins with a Copyright Statement, which

A user which is not an employee of Tymphany somehow copied our repo to his/her account, and set it to "public":
https://github.com/yao2015lin/NTT_Tesla2_Airoha_AB1585_V3_4_0
As you can see this repo even has [private] name and [private] commit history, which is not authorized by [private] or [private] company to own the source code or to share to the public. I believe yao2015lin is also not authorized to have Airoha AB1585 SDK, all copyright belongs to Airoha.

Another 3 users forked from yao2015lin, listed below:  
https://github.com/lura2/NTT_Tesla2_Airoha_AB1585_V3_4_0  
https://github.com/nurobio/NTT_Tesla2_Airoha_AB1585_V3_4_0  
https://github.com/runngezhang/NTT_Tesla2_Airoha_AB1585_V3_4_0  
Which all of them are not authorized, and none of them are Tymphany employees. I believe they are not authorized to have Airoha AB1585 SDK, all copyright belongs to Airoha.

**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**

https://github.com/yao2015lin/NTT_Tesla2_Airoha_AB1585_V3_4_0  
https://github.com/lura2/NTT_Tesla2_Airoha_AB1585_V3_4_0  
https://github.com/nurobio/NTT_Tesla2_Airoha_AB1585_V3_4_0  
https://github.com/runngezhang/NTT_Tesla2_Airoha_AB1585_V3_4_0  

Above 4 entire repositories should be taken down.
They are not Tymphany employees, they are not authorized to clone/fork Tymphany repo.
The copyright of the code belongs to Airoha and you have to gain access through NDA/SLA or other process provided by Airoha.

**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.**

No

**<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.**

Yes I have, there are 3 forks that I can find:  
https://github.com/lura2/NTT_Tesla2_Airoha_AB1585_V3_4_0  
https://github.com/nurobio/NTT_Tesla2_Airoha_AB1585_V3_4_0  
https://github.com/runngezhang/NTT_Tesla2_Airoha_AB1585_V3_4_0  

I believe above 3 entire repositories should be taken down.
lura2, nurobio, and runngezhang are not Tymphany employees, they are not authorized to clone/fork Tymphany repo.
The copyright of the code belongs to Airoha and you have to gain access through NDA/SLA or other process provided by Airoha.

**Is the work licensed under an open source license?**

No

**What would be the best solution for the alleged infringement?**

Reported content must be removed

**Do you have the alleged infringer’s contact information? If so, please provide it.**

The answer is no, I've searched the 4 user's account, but I cannot find and contact information.

**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], [private], [private], [private]., [private]., [private], [private] ([private])

**Please type your full legal name below to sign this request.**

[private]