Create 2014-07-28-Microsoft.md

2014-07-28-Microsoft.md

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+Re: Code Enabling Unlawful Circumvention of Xbox Music DRM 
+
+Dear [private]: 
+
+We represent Microsoft Corporation in intellectual property litigation matters. I am 
+writing in response to your most recent email to [private] regarding Microsoft’s request that 
+GitHub remove or disable access to the materials currently available at the following URL: 
+
+https://github.com/Zumicts/Audiotica/tree/develop. 
+ 
+To clarify, because Microsoft is not the copyright owner of the works at issue, it is not 
+submitting a takedown notice pursuant to 17 U.S.C. § 512(c). Instead, as Gareth’s previous 
+email explained, Microsoft is requesting that GitHub remove or disable access to the code at the 
+above URL because it violates Microsoft’s rights under the anti-circumvention provisions of the 
+Digital Millennium Copyright Act (“DMCA”). See generally 17 U.S.C. § 1201. 
+
+Specifically, this code violates Section 1201(a)(2)(A) of the DMCA in that it allows users 
+to circumvent a technological measure that effectively controls access to copyrighted works by 
+facilitating the unauthorized conversion of songs streamed via Xbox Music into DRM-free MP3s 
+that can be easily shared online. See id. § 1201(a)(2)(A). In addition, the webpage at the above 
+URL markets this code for the express purpose of such circumvention in violation of 
+Section 1201(a)(2)(C), advertising it as a “Free music downloader powered by Xbox Music, VK 
+and Soundcloud. (Windows Phone/PC 8.1).” See id. § 1201(a)(2)(C). By continuing to make 
+this material available to users, GitHub is subject to the remedies provided in 17 U.S.C. § 1203. 
+ 
+In response to your question about the resulting injury to Microsoft, Xbox Music is a 
+commercial music streaming service offered by Microsoft on Windows 8, Xbox, iOS, Android, 
+and over the web. (For further information, please see http://www.xbox.com/music.) As part of 
+Microsoft’s agreements with the copyright owners of the songs included in the service, Microsoft 
+has both authorization from and an obligation to those copyright owners to control access to their GitHub 
+works by employing an effective DRM system. Microsoft is thus injured by the code currently 
+available on GitHub in that it jeopardizes Microsoft’s ability to honor its commitments to its 
+Xbox Music partners and more generally threatens Microsoft’s significant investment in the 
+Xbox Music service. 
+ 
+Finally, please note that the notice requirements set out in Section 512(c)(3) of the 
+DMCA are not applicable to notifications regarding violations of Section 1201. Nonetheless, in 
+the interests of securing GitHub’s prompt action, I confirm upon penalty of perjury that the 
+information in this notification is accurate; that I am authorized to act on behalf of Microsoft in 
+this matter; and that I have a good-faith belief that none of the above-identified materials or 
+activities posted on GitHub have been authorized by Microsoft, its agents, or the law. 
+
+Microsoft once again renews its request that GitHub remove access to the material 
+described above and thereby prevent its further unlawful distribution. 
+
+Very truly yours, 
+
+[private]