Process DMCA request

2021/06/2021-06-09-sherm.md

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+**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
+
+Yes, I am authorized to act on the copyright owner's behalf.
+
+**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
+
+We are an Austrian law firm which represents the copyright owner in this matter. The exclusive rights owner is our client CompuGroup Medical Deutschland AG, a German legal entity. A legal action has already been filed in Austria, which has already resulted in a preliminary injunction which has been confirmed by the Austrian Supreme Court for civil law.
+
+**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 copyrighted work is the source code for a family of software products in the field of work safety, health protection, risk management and quality control. Our client has purchased all rights relating to this family of software products including the source code in 2019. The source code is proprietary and not published. Our client is the exclusive rightsholder of the source code, no one has the permission to publish the source code. Further information to the Software can be found under the URL https://www.cgm.com/deu_de/produkte/HSE-Software/cgm-isis-safety.html. The Software was previously known as “SHERM” but the name has since been changed to “ISIS SAFETY”. In a nutshell, the Software fulfills the following functions:
+
+As an occupational health and safety management system, CGM ISIS SAFETY ensures a quick and efficient exchange of information on the subject of occupational health and safety in your company. The software covers all operational processes of proactive and reactive security management and supports you and your employees in the planning, management and control of all security-related activities. In addition, organizational processes, planning and reporting are simplified.
+
+The entire repository (see below) infringes our clients rights as it is a literal copy of the Source Code which rights our client obtained in 2019.
+
+**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
+
+The entire repository which can be found under the following URL should be taken down:
+https://github.com/en-software-GmbH/sherm2
+The entire repository infringes the rights of our client.
+
+**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.**
+
+No forks have been found so far.
+
+**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 has not been licensed under an open source license by our client, the exclusive rightsholder.
+
+**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 entire repository has to be deleted.
+
+**Do you have the alleged infringer’s contact information? If so, please provide it.**
+
+According to the repository, there are two contributors with the following GitHub accounts:   
+[private]    
+[private]    
+Legal action has already been filed against the user [private] in Austria, which has resulted in a preliminary injunction which has been confirmed by the Austrian Supreme Court for civil 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 <a href="https://www.lumendatabase.org/topics/22">fair use</a> into consideration.**
+
+**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 have read and understand GitHub's <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.**
+
+**So that we can get back to you, please provide either your telephone number or physical address.**
+
+If you have any questions or need any further information, please do not hesitate to contact us directly. See our contact information below:
+
+[private]  
+Bruckmüller RechtsanwaltsgmbH    
+Landstraße 50, 4020 Linz  
+Austria  
+Phone: [private]  
+E-Mail: [private]  
+
+**Please type your full legal name below to sign this request.**
+
+[private]