dmca/2019/08/2019-08-21-Apple.md

Without Prejudice  
  
By Electronic Mail  
  
GitHub, Inc  
  
Attn: DMCA Agent  
  
88 Colin P Kelly Jr St  
  
San Francisco, CA. 94107  
  
copyright@github.com  
  
APPLE INC.’S DMCA TAKE DOWN NOTICE (CD033385)  
  
Dear DMCA Agent:  
  
We are outside intellectual property counsel for Apple Inc. (“Apple” or “Copyright Owner”), the owner of certain copyright protected software identified below, which has been posted to GitHub.org without license. Please direct all future correspondence related to this matter to me.  
  
We hereby provide notice of copyright infringement pursuant to the terms of the Digital Millennium Copyright Act (the “Act”).   
  
Copyright Owner is the owner of copyrights in the following works (the “Works”):  
  
a) Utils.py  
  
b) Detector.py  
  
c) AppleAlerts.py  
  
It has come to Copyright Owner’s attention that your service located at the following clickable links:  
  
1.   https://github.com/mlaspina/MongoBot/blob/cc1463d1abc44f00bf28250f88d94e6f56e6feb4/utils.py  
  
2.   https://github.com/mlaspina/MongoBot/blob/cc1463d1abc44f00bf28250f88d94e6f56e6feb4/detector.py  
  
3.   https://github.com/mlaspina/MongoBot/blob/cc1463d1abc44f00bf28250f88d94e6f56e6feb4/AppleAlerts.py  
  
(links at [1], [2], and [3] above, collectively, the “Services") respectively display and provide access to Copyright Owner’s Works [a], [b], and [c] without license and thereby infringe Copyright Owner’s copyrights in the Works.  
  
The following is the infringing material accessible via the Services:  
  
1. Utils.py, which constitutes Copyright Owner’s copyright protected software code, is displayed and made available at link [1] above, such that the file available at the clickable link [1] is infringing Copyright Owner’s exclusive rights in the Works, this software code includes discussions about Copyright Owner’s software migration plans (see e.g., lns. 446 and 1055);  
  
2. Detector.py, which constitutes Copyright Owner’s copyright protected software code, is displayed and made available at link [2] above, such that the entire file available at the clickable link [2] is infringing Copyright Owner’s exclusive rights in the Works, which includes references and interaction with Apple’s internal non-public domain servers (see, e.g., lns. 53, 65, 77, 89, 281, 292); and  
  
3. AppleAlerts.py, which constitutes Copyright Owner’s copyright protected software code, is displayed and made available at link [3] above, such that the entire file available at the clickable link [3] is infringing Copyright Owner’s exclusive rights in the Works, which includes references and establishing connections with Apple’s internal non-public domain servers (see, e.g., lns. 36-39, 54, 91, 126).  
  
We have a good faith belief that the use of the Works in the material described in this letter is not authorized by Copyright Owner, any agent of Copyright Owner, or any applicable law.  The information in this notification is accurate. We swear under penalty of perjury that we are authorized to act on behalf of Copyright Owner with respect to the subject matter of this letter.   
  
We therefore request that you remove or disable access to the infringing material as set forth in Section 512(c)(1)(C) of the Act and pursuant to your Copyright Policy and terms of service.  
  
Please contact the undersigned no later than one week from the date of this letter to confirm that the infringing material has been removed or access disabled. The undersigned may be contacted at the address and email address set forth above.  
  
The above is not an exhaustive statement of all the relevant facts and law. We expressly reserve all legal and equitable rights and remedies.  
  
   
  
Very truly yours,  
  
/[private]/    
  
[private]  
Associate  
  
Reed Smith LLP  
  
[private]  
  
   
  
   
  
   
  
   
  
[private]  
Associate  
[private]  
  
Reed Smith LLP   
Reed Smith Centre   
225 Fifth Avenue   
Pittsburgh, PA 15222-2716   
[private]  
Fax [private]