Process DMCA request

2016/2016-09-07-Facet.md

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