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GitHub, Inc.
Attn: DMCA Agent
88 Colin P Kelly Jr St
San Francisco, CA 94107
Email: copyright@github.com
Re: Notice of Copyright Infringement
Dear DMCA Agent:
We represent Elasticsearch, Inc. and elasticsearch B.V. (collectively “ELASTIC”) in connection with the protection of ELASTICs intellectual property, including ELASTICs copyrights in its software. We are duly authorized to act on ELASTICs behalf. It has come to our attention that third parties have been violating ELASTICs copyrights in its X-Pack source code in content hosted on GitHub. We hereby provide notice of copyright infringements pursuant to the terms of the Digital Millennium Copyright Act (“DMCA”) and GitHubs DMCA Takedown Policy.
ELASTIC is the copyright owner of its proprietary software called “X-Pack” and its predecessor “Shield” (collectively, “X-Pack”), extensions that bundle security, alerting, monitoring, reporting, and graph capabilities. ELASTIC has registered its copyrights in X-Pack source code with the United States Copyright Office under Registration Numbers TX 8-762-988, TX 8-762-996, TX 8-762-994, TX 8-762-975, TX 8-762-985, TX 8-762-987, and TX 8-762-991. The GitHub repository for X-Pack is located at https://github.com/elastic/elasticsearch/tree/master/x-pack.
GitHubs service provides access to content that infringes ELASTICs copyrights in X-Pack. Specifically, there are repositories located at:
· https://github.com/floragunncom/search-guard;
· https://github.com/floragunncom/search-guard-ssl;
· https://github.com/floragunncom/search-guard-enterprise-modules; and
· https://github.com/floragunncom/search-guard-module-dlsfls
that contain material that illegally infringes ELASTICs copyrights in X-Pack because that material, at least, duplicates and/or contains derivative works of ELASTICs copyrighted works. These repositories also have forks that contain infringing content. A list of infringing repositories and forks that ELASTIC has identified to date can be found in Appendix A to this letter. No ELASTIC license permits this infringing activity.
The infringers of ELASTICs copyrights in X-Pack include at least floragunn GmbH and certain GitHub users that have created forks from floragunns infringing content. floragunn may be contacted at: floragunn GmbH, [private]. floragunns email address is [private]. floragunns GitHub username is “floragunncom.” The GitHub usernames associated with forks that ELASTIC has identified as containing infringing content are: “malpani,” “hj5,” “ccaballe,” “salyh,” “nibix,” “jcantrill,” “jameshales,” “cgaspar,” and “abraakie.”
We therefore request that GitHub remove or disable access to the infringing repositories and forks listed in Appendix A, pursuant to Section 512(c) of the DMCA (17 U.S.C. § 512(c)) and GitHubs Terms of Service and DMCA Takedown Policy. ELASTIC requests complete removal of the infringing repositories and forks as described above and Appendix A.
I have read and understand GitHubs Guide to Filing a DMCA Notice. 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. 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.
Nothing contained in this letter is intended as or should be construed to be a waiver or relinquishment of any right or remedy held by our clients, all of which are expressly reserved.
Sincerely,
/s/ [private]
[private]
of [private]
APPENDIX A: List of Infringing Repositories and Forks to Be Removed
URL
Type
https://github.com/floragunncom/search-guard
Original Repository
https://github.com/floragunncom/search-guard-ssl
Original Repository
https://github.com/floragunncom/search-guard-enterprise-modules
Original Repository
https://github.com/floragunncom/search-guard-module-dlsfls
Original Repository
https://github.com/abraakie/search-guard-enterprise-modules
Fork
https://github.com/cgaspar/search-guard-enterprise-modules
Fork
https://github.com/jameshales/search-guard-enterprise-modules
Fork
https://github.com/jcantrill/search-guard-enterprise-modules
Fork
https://github.com/nibix/search-guard-enterprise-modules
Fork
https://github.com/salyh/search-guard-module-dlsfls
Fork
https://github.com/ccaballe/search-guard-module-dlsfls
Fork
https://github.com/hj5/search-guard-module-dlsfls
Fork
https://github.com/malpani/search-guard-module-dlsfls
Fork