Process DMCA request

2021/01/2021-01-27-saqueepague.md

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+Hi Developer Support
+
+We extend our compliments.
+
+As instructed, We are sending into this e-mail a version of the text about the takedown notice:
+
+SAQUE E PAGUE REDE DE AUTOATENDIMENTO S.A., a legal entity governd by Brazilian lay, registered with the under Brazilian Tax n. 12.901.364/0002-02, headquartered at Rua Dezoito de Novembro, 273, conj. 701/702, Navegantes, Porto Alegre / RS, P.O. Box n. 90.240-040, [private], in this act represented by its legal representative (“Saque e Pague” or “Notifier Company”), respectfully, NOTIFY, GITHUB INC, a legal entity, headquartered at 88 Colin P Kelly Jr Street San Francisco, CA 94107 United States (“GitHub” or “Notified Company”), in view of the facts that follow.
+
+1. [private] was employed by Notifier Company in the period between [private] and [private], performing the position of [private]. The termination of the employment contract occurred on [private].
+
+2. During the period in which the Notified worked at Saque e Pague, he had access to confidential data and information and software codes owned by Notifier Company, including the “Web Iso Cracker” application code, entirely developed by Saque e Pague, with its own resources and efforts.
+
+3. However, the Notifier Company noted a publication of said application and related codes, in the personal repository of [private], on the GitHub platform, in a place easily accessible to the public, as seen in the attached images (“Appendix I”).
+
+4. This is notice pursuant to section 512(c) of the US Digital Millennium Copyright Act and pursuant to article 31 of Brazilian Federal Law n. 12.965/2014 that Notified Company website service is hosting material that infringes copyright owned by Saque e Pague. As an application service provider, GitHub is required to “expeditiously remove or disable access to” the infringing material”.
+
+5. The information about the infringed intellectual property and the location on the platform is shown below:
+
+Work: Web Iso Cracker  
+Location/hyperlink: https://github.com/augustoberwaldt/web-iso-cracker  
+Infringing poster: @augustoberwaldt ([private])
+
+6. Notifier Company has 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. Saque e Pague have taken fair use into consideration.
+
+7. Notifier Company swears, 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.
+
+8. Therefore, considering the responsibility of Internet application providers for copyright infringing content, applicable by Brazilian and North American Law, Saque e Pague uses this extrajudicial notice to NOTIFY GitHub to take the following measures:
+
+a) Remove and takedown, within 24 hours, the publication of the “Web Iso Cracker” application and related codes existing on the GitHub platform, available to the public, on the indicated links and locations;  
+b) Preserve and keep records of, for at least 5 (five) years, all the evidence and evidence of the materiality of the infringement occurred, including the logs and registration and access data of [private], necessary to support the instruction of the investigation and the lawsuit
+
+9. The absence of the actions required by the Notified Company within the defined period, will be interpreted as a refusal, authorizing Saque e Pague to take the appropriate judicial, criminal, and civil measures.
+
+10. With hope of GitHub cooperation, Saque e Pague subscribes to this notice.
+
+[private]    
+[private]
+
+Atencionamente,
+
+[private]
+
+[private]
+
+Departamento Jurídico
+
+[private]
+
+www.saqueepague.com.br