Process DMCA request

2022/07/2022-07-27-deepmatter.md

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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](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
+- 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#anatomy-of-a-takedown-notice).
+
+---
+
+**Are you the copyright holder or authorized to act on the copyright owner's behalf?**  
+  
+Yes, I am authorized to act on the copyright owner's behalf.  
+  
+**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?**  
+  
+Yes  
+  
+**Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.**  
+  
+1711399  
+  
+**Does your claim involve content on GitHub or npm.js?**  
+  
+GitHub  
+  
+**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**  
+  
+DeepMatter Limited is a company registered in [private] with [private] (“DeepMatter”).  
+  
+DeepMatter owns the copyright in a software product called the “Evolution Software”. The Evolution Software and its components are each an original literary work in which copyright subsists. The software consists of several components for the 3D printing of chemical and biological reaction vessels and the evolutionary synthesis of chemicals, including:  
+1. an evolutionary selection algorithm for the refining and development of the evolved chemical/material/formulated entities;  
+2. the “macroflow” reactor system platform, including:  
+(i) a nanoparticle synthesis system;  
+(ii) peptide synthesis and selection workflow;  
+(iii) formulation system and conceptual design;  
+(iv) design for the organic synthesis with flow feedback control, including in-line analysis linked to evolutionary algorithms;  
+(v) software to interface with the reactor system platform prototypes;  
+(vi) drivers for control of proprietary pumps, stirrers and valves.  
+The Evolution Software was developed between 24 February 2014 and 20 April 2018 by [private] at [private] (“[private]”). The copyright in the Evolution Software qualifies for protection in the [private] pursuant to section 154(1) of the Copyright, Designs and Patents Act 1988 on the grounds that the authors of each relevant version of the Uniface Evolution Software were resident in the United Kingdom at the time of the software’s creation.  
+  
+The first [private] and [private] of the Evolution Software was [private]. The development of the Evolution Software was initially the subject of an exclusive licence by [private] to DeepMatter. On [private], as a result of an “Assignation Agreement” between [private] and DeepMatter, all rights, title and interest (past, present and future) in the Evolution Software were assigned to DeepMatter, together with all rights of action in respect of past or future infringement.  
+  
+Upon acquiring ownership of the copyright, DeepMatter granted the UoG a restricted licence to use the Evolution Software for internal academic research purposes and non-commercial activities. The [private] also agreed strict terms as to confidentiality and, specifically, it undertook not to disclose or permit the disclosure of the source code in the Evolution Software to any third party for any purpose whatsoever. The [private]’s licence therefore does not permit the Evolution Software (or any part of it) to be published on GitHub.  
+  
+**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.**  
+  
+The Evolution software consists of several components for the 3D printing of chemical and biological reaction vessels and the evolutionary synthesis of chemicals, including:  
+1. an evolutionary selection algorithm for the refining and development of the evolved chemical/material/formulated entities;  
+2. the “macroflow” reactor system platform, including:  
+(i) a nanoparticle synthesis system;  
+(ii) peptide synthesis and selection workflow;  
+(iii) formulation system and conceptual design;  
+(iv) design for the organic synthesis with flow feedback control, including in-line analysis linked to evolutionary algorithms;  
+(v) software to interface with the reactor system platform prototypes;  
+(vi) drivers for control of proprietary pumps, stirrers and valves.  
+  
+**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**  
+  
+The entire repository at: https://github.com/croningp/ChemputerSoftware should be taken down. This software in the repository is obviously based on the source code in the Evolution Software, it performs the same function as the Evolution Software and, from doing a code comparison, there are 288 unique lines of copied code.  
+  
+We consider the entire repository is an infringement of the Evolution Software. We know that the owner of the repository had access to the Evolution Software and the software in the repository performs the same function as the Evolution Software. There vestigial elements of the Evolution Software within the infringing code in the repository, including 288 unique lines of copied code. This proves that the software is a copy of the Evolution Software. The Evolution Software is proprietary and strictly confidential: no third party has the right to publish it, to use it to create derivative works or to incorporate it within another product.  
+  
+The repository belongs to [private] (of the [private]) and therefore this is a breach of the [private] licence and its explicit undertaking not to disclose or to permit the disclosure of the source code in the Evolution Software to any third party for any purpose whatsoever.  
+  
+**Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice#complaints-about-anti-circumvention-technology">Complaints about Anti-Circumvention Technology</a> if you are unsure.**  
+  
+No  
+  
+**<a href="https://docs.github.com/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork">Have you searched for any forks</a> 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.**  
+  
+Yes. There are currently 20 forks of the parent repository. No licence has been granted by DeepMatter to permit the publication of its source code or the creation of derivative works by third parties. All of these repositories are associated with [private] and the “[private]” at the [private].  
+  
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+[invalid]   
+  
+**Is the work licensed under an open source license?**  
+  
+No  
+  
+**What would be the best solution for the alleged infringement?**  
+  
+Reported content must be removed  
+  
+**Do you have the alleged infringer’s contact information? If so, please provide it.**  
+  
+The parent repository was originally uploaded to Github by [private] on [private]. His contact details are:  
+  
+[private]  
+[private]  
+[private]  
+[private]  
+[private]  
+[private]  
+Tel: [private]  
+Email: [private]  
+  
+Since both [private] and the forked repositories are all part of the [private]:  
+  
+[private]  
+[private]  
+[private]  
+[private]  
+[private]  
+[private]  
+[private]  
+  
+**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.**  
+  
+DeepMatter Limited, [private]  
+[private]   
+  
+**Please type your full legal name below to sign this request.**  
+  
+[private]