dmca/2019/07/2019-07-30-fetchapp.md

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2019-07-30 21:09:21 +03:00
I have read and understand GitHub's guide to filing a DMCA notice.
**Are you the copyright owner or authorized to act on the copyright owners behalf?**
Yes, I am the copyright owner of the material in question.
**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 original work that has been infringed on is the "node-fetch-app", which is a private repo in my team "[private]". It can be found here ([private]), and is only authorized to be accessed by my development team that has been added to the GitHub team.
-As you can see by the regular commits over a long period of time, this is our work that we created, and have been steadily developing for years now.
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL:**
Earlier this afternoon (just before 12PM EST), GitHub user WD1 uploaded a repo "twilio_fetch_note_api" (https://github.com/wd1/twilio_fetch_note_api). It is a direct copy of our "node-fetch-app" from earlier this year (last updated Jan 2019 I believe), including some of our commit history. Not only did WD1 publish this material which they had no right or ownership or allowed access to, but it includes sensitive information that is dangerous to have posted publicly, and at all really.
**Have you searched for any forks 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.**
We have not identified any forks of the infringed repo.
**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**
The work is not licensed under any open source agreement. It should not be posted publicly by anyone, let alone someone such as WD1 who is completely unknown to our organization.
**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**
The best solution would be a complete removal of the published work, permanent deletion of their original files/copy that they posted, and an explanation of (A) how they acquired the work and (B) why they decided to post it.
**Do you have the alleged infringers contact information? If so, please provide it:**
We can not find any contact information on the infringer. We have raised an issue on the repo, asking them to take it down, and have gotten no response.
**Type (or copy and paste) the following statement: "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 fair use into consideration."**
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 agents, or the law. I have taken fair use into consideration.
**Type (or copy and paste) the following statement: "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 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.
**Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/**
I have read your guide to submitting a DMCA takedown notice.
**So that we can get back to you, please provide either your telephone number or physical address:**
You can reach me at [private]
**Please type your full legal name below to sign this request:**
[private]