зеркало из https://github.com/github/dmca.git
102 строки
4.2 KiB
Markdown
102 строки
4.2 KiB
Markdown
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September 2, 2016
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Via Electronic Mail
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GitHub, Inc.
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Attn: DMCA Agent
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88 Collin P Kelly Jr St.
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San Francisco, CA 94107
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copyright@github.com
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Re: DMCA Takedown Notice For https://github.com/implydata/imply-pivot and
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Notice of Repeat Infringer
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To Whom It May Concern:
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I have read and understand GitHub's Guide to Filing a DMCA Notice.
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I am writing to request that Github take down the project at the following
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link: https://github.com/implydata/imply-pivot.
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This project infringes the copyright of Metamarkets Group, Inc. in the
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proprietary, interactive visualization software called Facet, described at
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https://metamarkets.com/2015/introducing-facet/. Facet was developed
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internally at Metamarkets and Metamarkets holds the copyright thereto.
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Facet is only available to Metamarkets customers who purchase a license to
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use Facet.
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The project at https://github.com/implydata/imply-pivot is a re-uploaded
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copy of an infringing code repository Github has already taken down. This
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re-uploaded copy remains infringing and it too should be taken down
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immediately.
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More specifically, on September 1, 2016, Github processed Metamarkets’
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August 24, 2016 DMCA notice (viewable here: https://github.com/github/
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dmca/blob/master/2016/2016-08-31-Facet.md and incorporated herein by
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reference) regarding an infringing project known as Pivot, by taking down
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the Pivot code repository. Metamarkets has since learned that within a
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matter of hours after the Github takedown, the owner of the infringing
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Pivot repository, Imply Data, re-uploaded a near-identical copy of the
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infringing Pivot code repository. Imply Data gave the re-uploaded copy a
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slightly different name (“Imply-Pivot” instead of “Pivot”), deleted the
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contents of the first commit, and then combined the first 70 commits into a
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brand new “Hello World” first commit — presumably to make it appear
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different from the original infringing Pivot repository.
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This new project (“Imply-Pivot”) is nearly identical to the taken down
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project (“Pivot”) and continues to infringe Metamarkets’ copyrights in its
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proprietary Facet software.
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Imply-Pivot purportedly is owned by Imply Data. The [private] of Imply Data is
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[private]. Mr. [private] is a former employee of Metamarkets who
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had access to Facet, including its highly confidential and proprietary
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source code, by virtue of his employment with Metamarkets. Mr. [private]
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left Metamarkets’ employment in May 2015. At an unknown time in 2015, Mr.
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[private] joined Imply Data.
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Imply-Pivot extensively copies the nonliteral elements of Facet’s
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structure, sequence and organization, as can be seen in the following
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exemplary screenshots.
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Stacked Time Series View: Metamarkets’ Facet on left, Imply’s Pivot on
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right.
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[image: Inline image 1]
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Nested Table View: Imply’s Pivot on the left, Metamarkets’ Facet on right.
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[image: Inline image 2]
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Imply-Pivot is causing immense harm to Metamarkets. Facet is Metamarkets’
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flagship proprietary SaaS product. Imply Data has impermissibly copied its
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structure, sequence and organization in the form of Imply-Pivot, which
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Imply Data then improperly open sourced on Github. The entire Imply-Pivot
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repository must be taken down immediately in order to prevent further
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infringement of Facet, and further harm to Metamarkets.
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In light of this repeat infringement by Imply Data, and Imply Data’s
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apparent strategy of defying Github takedowns by simply re-naming and
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re-uploading the infringing material, Metamarkets further requests that
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Github exercise its discretion to invoke its Repeat Infringer Policy by
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disabling and/or terminating the accounts of users who may infringe upon
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the copyrights or other intellectual property rights of GitHub and/or
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others.
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I have a good faith belief that use of the materials described above on the
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infringing web pages is not authorized by Metamarkets Group, Inc., or its
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agent, or the law.
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I swear, under penalty of perjury, that the information in this
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notification is accurate and that I am authorized to act on behalf of the
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owner, of an exclusive right that is allegedly infringed.
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Sincerely,
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[private]
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<http://www.metamarkets.com/>
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[private]
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[private]| METAMARKETS <http://www.metamarkets.com/>
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m [private] | t [private]
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[private]
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