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Hubot 2021-05-24 08:33:18 -07:00
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Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to make changes
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md).
---
**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am the copyright holder.
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
I have read and understand GitHub's Guide to Filing a DMCA Notice. User simmon7575 was an [private] at [private] and a member of a student team that did a final group project using data, information and knowledge from Hyperdap Ltd. The agreement between Hyperdap Ltd and each and every team student was that (1) whatever IP was generated by the R&D activities would belong to Hyperdap and that (2) No part of the developed code should be publicly disclosed.
**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.**
In violation of points (1) and (2) above, user simmon7575 has made three repositories, namely (a) HYPERDAP_CONNECTION - see https://github.com/simmon7575/HYPERDAP_CONNECTION , (b) HyperDAP_Connect - see https://github.com/simmon7575/HyperDAP_Connect and (c) HD_FINAL - see https://github.com/simmon7575/HD_FINAL/tree/master/hdingest publicly available to anybody without even logging in GitHub.
All code included in these three projects should have remained private to user simmon7575 and never be made publicly available to other parties.
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL.**
The following repositories should be taken down:
- https://github.com/simmon7575/HYPERDAP_CONNECTION
- https://github.com/simmon7575/HyperDAP_Connect
- https://github.com/simmon7575/HD_FINAL
**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.**
There appear to be no forks.
**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?**
There is no open source licensing mechanism for the specific source code mentioned above.
**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 three mentioned repositories could be made private. To us that would be the best course of action, failing which, the three repositories listed above should be taken down,
**Do you have the alleged infringers contact information? If so, please provide it.**
Unfortunately not. His university email address has been deleted after student graduation (standard [private] policy).
**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.**
HyperDAP Ltd, James Gregory Centre, Campus Two, Unit 21, Balgownie Drive, Aberdeen AB22 8GU, UK
[private]
**Please type your full legal name below to sign this request.**
[private]