dmca/2017/2017-03-06-MT4Manager.md

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2017-03-08 18:23:31 +03:00
DMCA Claim to Cease and Desist from hosting infringing urls violating MetaQuotes Software Corp.'s trademarks and copyrights hosted by Github, Inc.
Dear Sirs,
Please take into consideration our below DMCA claim
to cease and desist from hosting the infringing URLs: https://github.com/LoveDuckie/MT4Manager.NET/blob/adaacd9b5271c29a30a0423c93dc463c2a1cfd58/ManagedWebService/ManagedWebService/ManagedWebService.cpp https://github.com/LoveDuckie/MT4Manager.NET/blob/adaacd9b5271c29a30a0423c93dc463c2a1cfd58/README.md https://github.com/LoveDuckie/MT4Manager.NET/blob/adaacd9b5271c29a30a0423c93dc463c2a1cfd58/ManagedWebService/ManagedWebService/MT4ManagerAPI.h
[previously removed by user]
DMCA CLAIM TO CEASE AND DESIST FROM HOSTING INFRINGING URLS VIOLATING METAQUOTES SOFTWARE CORP.'S TRADEMARKS AND COPYRIGHTS HOSTED BY GITHUB, INC.
1. I have read and understand GitHub's Guide to Filing a DMCA Notice.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a representative list
of such works on that site.
MetaQuotes Software Corp. is the developer of the MetaTrader 4 online trading platform and MQL4/MQL5 software languages legal owner and/or exclusive and rightful user of all listed below intellectual property rights:
"MetaTrader". Trademarks, service marks,
registration number ROSPATENT №281939, Application Number №2003726044
dated December 30th 2003;"MetaTrader". United States Patent
and Trademark Office. Trademark principal register Reg. No. 3,182,784
Registered December 12th 2006;"MetaTrader". WIPO Certificate of Registration No 957372 Registered January 31st 2008;"MetaTrader"
(MetaTrader). ROSPATENT Certificate of official registration of
computer programs №2003611699 dated July 17th 2003;
"MetaTrader" Taiwan Intellectual Property Office, Registration
Certificate No. 01757255, dated March 1st 2016 "MetaTrader"
Hong Kong Trademarks Registry Certificate of registration No.
303406707, dated
May 13th 2015 "MT4" Trademarks, service marks,
registration number ROSPATENT № 581779, Application Number №2015701958 dated January 29th 2015;
"MT4" Taiwan Intellectual Property
Office, Registration Certificate No. 01758370, dated March 1st 2016; "MT4" Hong Kong Intellectual Property
Office, Certificate of Registration No. 303406680, dated February 29th 2016;"MT4" WIPO Certificate of Registration No. 1316074, Registered August 1st 2016"MQL4". Trademarks,
service marks, registration number ROSPATENT №340878, Application Number
№2006715104 dated June 6th 2006;"MQL4". WIPO Certificate
of registration N 986555 Registered October 7th 2008;"MQL5". Trademarks, service marks, registration number ROSPATENT №432642, Application Number №2009724189 dated October 1st 2009;"MQL5". WIPO Certificate of registration N 1023842 Registered November 10th 2009
MetaQuotes Software Corp. is the exclusive owner of the following websites:
https://www.metaquotes.net, https://www.metaquotes.ru, https://www.mql4.com, https://www.mql4.ru, https://www.metatrader4.com, https://www.mql5.com.
All materials published on these sites are copyrighted and all rights are reserved by MetaQuotes Software Corp. therefore copying or reprinting of these materials including logos in whole or in part is strictly prohibited without the written permit of MetaQuotes Software Corp..
All the software products, materials, logos and documentation developed by MetaQuotes Software Corp. are subject to international copyright law. Information about the products of MetaQuotes Software Corp. is available on the company's official website at https://www.metaquotes.net.
URLs of the copyrighted work in our search results:
https://www.metaquotes.net/en/metatrader4
https://www.metatrader4.comhttps://www.mql4.com3.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GitHub, Inc to locate the material.On the below listed URLs hosted by GitHub, Inc on IP: 192.30.253.112 the intellectual property of MetaQuotes Software Corp. are being used without any authorization or permission. From the below listed URLs it is evident that the trademarks and copyrights of our organization in the Metatrader 4 (MT4) platform are being used and MetaQuotes Software Corp. objects to such unauthorized use. Kindly be noted that MT4 is also a valid trademark of MetaQuotes Software Corp. registered in various jurisdictions around the world and is the the abbreviation of our trademark and copyrights to MetaTrader 4 platform. Furthermore, please be advised that the Manager APIs are private and confidential APIs and are provided under license agreement contracts for commercial purposes. MetaQuotes Software Corp objects to any unauthorized disclosure of the Manager APIs or access to the Manager APIs and such disclosure or access constitutes violation of copyrights under the applicable laws.
https://github.com/LoveDuckie/MT4Manager.NET/blob/adaacd9b5271c29a30a0423c93dc463c2a1cfd58/ManagedWebService/ManagedWebService/ManagedWebService.cpp https://github.com/LoveDuckie/MT4Manager.NET/blob/adaacd9b5271c29a30a0423c93dc463c2a1cfd58/README.md https://github.com/LoveDuckie/MT4Manager.NET/blob/adaacd9b5271c29a30a0423c93dc463c2a1cfd58/ManagedWebService/ManagedWebService/MT4ManagerAPI.h
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What the affected user would need to do in order to remedy the infringement. The affected users would need to permanently cease and desist the infringing URLs with all contents and materials.5. Information reasonably sufficient to permit GitHub, Inc to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
MetaQuotes Software
P.O.Box 53786,
21 Iridos Street, Mesa Yitonia,
Limassol 4004, Cyprus
Tel: [private]
E-mail: [private]
Website: https://www.metaquotes.net
6 . A statement that the Complaining Party has a good faith belief that use of the material in the manner complained
of is not authorized by the copyright owner, its agent, or the law.
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.
7 . A statement that the information in the
notification is accurate, and under penalty of perjury, that the Complaining
Party is the owner, or is 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.
8 . An electronic signature of the
copyright owner, or a person authorized to act on behalf of the owner, of an
exclusive copyright that has allegedly been infringed.
[private]
[private]
MetaQuotes Software Corp. Signed on this date of: February 28th, 2017
Best regards,
MetaQuotes Copyright Infringement Department
MetaQuotes Software Corp.