зеркало из https://github.com/github/dmca.git
49 строки
3.1 KiB
Markdown
49 строки
3.1 KiB
Markdown
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Re: Code Enabling Unlawful Circumvention of Xbox Music DRM
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Dear [private]:
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We represent Microsoft Corporation in intellectual property litigation matters. I am
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writing in response to your most recent email to [private] regarding Microsoft’s request that
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GitHub remove or disable access to the materials currently available at the following URL:
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https://github.com/Zumicts/Audiotica/tree/develop.
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To clarify, because Microsoft is not the copyright owner of the works at issue, it is not
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submitting a takedown notice pursuant to 17 U.S.C. § 512(c). Instead, as Gareth’s previous
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email explained, Microsoft is requesting that GitHub remove or disable access to the code at the
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above URL because it violates Microsoft’s rights under the anti-circumvention provisions of the
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Digital Millennium Copyright Act (“DMCA”). See generally 17 U.S.C. § 1201.
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Specifically, this code violates Section 1201(a)(2)(A) of the DMCA in that it allows users
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to circumvent a technological measure that effectively controls access to copyrighted works by
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facilitating the unauthorized conversion of songs streamed via Xbox Music into DRM-free MP3s
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that can be easily shared online. See id. § 1201(a)(2)(A). In addition, the webpage at the above
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URL markets this code for the express purpose of such circumvention in violation of
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Section 1201(a)(2)(C), advertising it as a “Free music downloader powered by Xbox Music, VK
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and Soundcloud. (Windows Phone/PC 8.1).” See id. § 1201(a)(2)(C). By continuing to make
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this material available to users, GitHub is subject to the remedies provided in 17 U.S.C. § 1203.
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In response to your question about the resulting injury to Microsoft, Xbox Music is a
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commercial music streaming service offered by Microsoft on Windows 8, Xbox, iOS, Android,
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and over the web. (For further information, please see http://www.xbox.com/music.) As part of
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Microsoft’s agreements with the copyright owners of the songs included in the service, Microsoft
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has both authorization from and an obligation to those copyright owners to control access to their GitHub
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works by employing an effective DRM system. Microsoft is thus injured by the code currently
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available on GitHub in that it jeopardizes Microsoft’s ability to honor its commitments to its
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Xbox Music partners and more generally threatens Microsoft’s significant investment in the
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Xbox Music service.
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Finally, please note that the notice requirements set out in Section 512(c)(3) of the
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DMCA are not applicable to notifications regarding violations of Section 1201. Nonetheless, in
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the interests of securing GitHub’s prompt action, I confirm upon penalty of perjury that the
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information in this notification is accurate; that I am authorized to act on behalf of Microsoft in
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this matter; and that I have a good-faith belief that none of the above-identified materials or
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activities posted on GitHub have been authorized by Microsoft, its agents, or the law.
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Microsoft once again renews its request that GitHub remove access to the material
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described above and thereby prevent its further unlawful distribution.
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Very truly yours,
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[private]
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