Process DMCA request

2016/2016-09-08-facetjs.md

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+September 6, 2016
+Via Electronic Mail
+GitHub, Inc.
+
+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/plywood.
+
+This project infringes the copyright of Metamarkets Group, Inc. in its
+facetjs software, a proprietary repository hosted privately at
+[private].
+
+[image: Inline image 1]
+
+Facetjs was developed by Metamarkets and Metamarkets holds the copyright
+thereto.
+
+Plywood copies and infringes facetjs.
+
+A review of Plywood’s “updated legals” (https://github.com/implydata/
+plywood/commit/62af7c8b9ae0650c88117a6d0aa7729b5a4ef56f ) admits this
+copying, literally describing Plywood as “copyright, Metamarkets”:
+
+“Portions of this software were originally based on facetjs, copyright (c)
+2015, Metamarkets Group Inc.”
+
+“Copyright 2012-2015 Metamarkets Group Inc.”
+
+Imply Data purports to have an Apache 2.0 license to copy facetjs in the
+Updated Legals folder. However, that purported license is null and void.
+That Apache 2.0 license to facet.js was procured through fraudulent
+statements and omissions of Imply Data’s officers while they were employed
+at Metamarkets. Metamarkets has since discovered the fraud, taken the
+facet.js repository private as of July 19 2016, and ceased offering any
+version of facet.js to anyone under an Apache 2.0 license.
+
+In addition, Imply Data breached the material terms of the Apache 2.0
+license by failing to comply with the redistribution conditions of the
+Apache 2.0 license, such as Paragraph 4(b) which requires the user to
+“cause any modified files to carry prominent notices stating that You
+changed the files.”
+
+On July 11, 2016 Metamarkets informed Imply Data that its use of facet.js
+code was unauthorized, but Imply Data persisted in its infringement. On
+August 19, 2016 Metamarkets reiterated that point to Imply Data, including
+that any Apache 2.0 license Imply Data may have had was expressly revoked.
+See TVT Records v. Island Def Jam Music Group, 412 F.3d 82, 92-93 (2d Cir.
+2005) (fraudulently induced license may be rescinded); Lulirama Ltd., Inc.
+v. Axcess Broadcast Servs., Inc., 128 F.3d 872, 882 (9th Cir. 1997)
+(copyright licenses that are not supported by consideration may be
+revoked); see also 3 Nimmer on Copyright § 10.15 [A] (6th ed. 1978)
+(“Rescission may also be based on fraud in the inducement”). Imply’s
+infringement nevertheless continued. Metamarkets’ DMCA notice to Github
+followed on August 24, 2016.
+
+The following screenshots illustrate the identical or nearly identical
+structure, sequence and source code between Metamarkets’ facetjs and Imply
+Data’s Plywood.
+
+● src/ directory listing -- Metamarkets’ facetjs (private repository)
+on left, and Imply Data’s Plywood on right, with substantially similar file
+and subdirectory names.
+
+[image: Inline image 3]
+
+● src/datatypes subdirectory -- Metamarkets’ facetjs (private
+repository) on left, and Imply Data’s Plywood on right, showing largely
+identical subdirectory structure.
+
+[image: Inline image 4]
+
+● src/datatypes/range.ts - An example file in this directory,
+Metamarkets’ facetjs on left, Imply Data’s Plywood on right, showing
+identical function names and line-for-line code.
+
+[image: Inline image 5]
+
+● docs/introduction.md – Imply Data’s Plywood initial commit on left,
+Metamarkets’ facetjs on right. The only differences in these two files is
+that the word “plywood” has been substituted at every occurrence of
+“facet.js.”
+
+[image: Inline image 6]
+
+● docs/plySQL.md and docs/fSQL.md - Imply Data’s Plywood initial
+commit on left, Metamarkets’ facetjs on right. Here the only difference in
+the files is the strings ‘plySQL’ and ‘plywood’ have replaced all
+occurrences of ‘fSQL’ and ‘facet’, respectively
+
+[image: Inline image 7]
+
+● package.json - description of the package. On left, Metamarkets’
+facetjs (with other contributors listed); on right, Imply Data’s Plywood,
+with contributors section removed.
+
+[image: Inline image 8]
+
+The entire Plywood repository must be taken down immediately in order to
+prevent further infringement of facetjs, and further harm to Metamarkets.
+
+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]