Process DMCA request

2021/03/2021-03-29-disney.md

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+GitHub, Inc.  
+Attn: DMCA Agent  
+88 Colin P Kelly Jr St  
+San Francisco, CA. 94107  
+Email: copyright@github.com  
+
+ 
+
+Re:         Notice of Copyright Infringement and DMCA Takedown Request
+
+ 
+
+Dear GitHub DMCA Agent:
+
+ 
+
+We write on behalf of Walt Disney Pictures d/b/a Walt Disney Animation Studios and Disney Enterprises, Inc. (collectively, “Disney”). We are hereby (1) responding to your letter of March 18, 2021 (“March 18 Letter”) in response to our February 22, 2021 DMCA Takedown Request, and (2) submitting a new DMCA Takedown Request for the two forks that GitHub identified in the March 18 Letter as further described below. 
+
+ 
+
+First, thank you for informing us in the March 18 Letter that the repositories (listed below) included in our February 22, 2021 DMCA Takedown Request have been disabled. We look forward to hearing from you in the event any of the users file a counter notice to have the content re-enabled.
+
+[invalid]  
+[invalid]  
+[invalid]  
+[invalid]  
+[invalid]  
+[invalid]  
+[invalid]  
+
+We understand that the following two repositories, which were also included in our February 22, 2021 DMCA Takedown Request, are currently not publicly accessible. These repositories appear to have been taken down by the entities that control those repositories—Squarebit Studios and Sunrise Productions—after we contacted those users directly, pursuant to GitHub’s guidelines.
+
+[invalid]  
+[invalid]  
+
+Second, you informed us that at least one of the repositories identified in our February 22, 2021 DMCA Takedown Request has been forked. Upon investigation, we have concluded that third parties have posted infringing code on those forks on the GitHub website, in violation of Disney’s copyrights in its rigRepo source code. Thus, we hereby provide notice of copyright infringements pursuant to the terms of the Digital Millennium Copyright Act (“DMCA”) and GitHub’s DMCA Takedown Policy. We make this request as Disney’s counsel, duly authorized to act on Disney’s behalf on the matter described in this letter.
+
+Identification of Copyrighted Work:
+
+The infringed work, Disney’s rigRepo system, is a collection of rigging tools and rig archetypes used for 3D animation. Disney has developed the codebase, toolset, and rigging framework for rigRepo internally. Disney is the copyright holder for each version of rigRepo, which Disney has not published or disclosed to the public. Because rigRepo is proprietary to Disney and not posted online, a URL is not available. Disney has not licensed any portion of rigRepo under an open-source license. Disney developed rigRepo as closed-source software, Disney has never opened the source code to rigRepo, and Disney has maintained rigRepo as a proprietary product accessible to only Disney employees.
+
+Identification of Infringing Material:
+
+The material posted at the following URLs includes direct or literal copies and/or derivative works of Disney’s confidential and proprietary rigRepo source code. As identified in GitHub’s March 18 Letter, the following repositories are forks of the infringing repositories that Disney requested to be taken down in Disney’s February 22, 2021 DMCA Takedown Request. These repositories (including all branches thereof) are contain files that appear to be direct, literal copies and/or derivative works of files in Disney’s proprietary rigRepo system. The material infringing Disney’s rigRepo system is located in at least the following repositories:
+
+1. https://github.com/kissinger31/openrig
+
+2. https://github.com/qeeji/openrig
+
+ 
+
+Requested Remedy:
+
+In order to remedy the infringement, we request that GitHub immediately remove or disable access to each of the infringing repositories and forks identified above, pursuant to Section 512(c) of the DMCA and GitHub’s Terms of Service and DMCA Takedown Policy. In addition, we request that GitHub immediately notify the users associated with the infringing repositories and forks identified above of this notice, inform them of their duty to promptly remove the infringing material, and require them to cease any future use of your service to host Disney’s copyrighted material.
+
+ 
+Other Information:
+I have read and understand GitHub’s Guide to Filing a DMCA Notice.
+You may contact me at O’Melveny & Myers LLP, Two Embarcadero Center, 28ᵗʰ Floor, San Francisco, CA 94111-3823, [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. Pursuant to Section 512(c) of the DMCA, I further state that the information in this notification is accurate, and under penalty of perjury, that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
+
+Nothing contained in this letter is intended as or should be construed to be a waiver or relinquishment of any right or remedy held by Disney, all of which are expressly reserved. 
+
+ Sincerely,  
+/s/[private]
+
+[private]            
+[private]
+
+cc:          [private] ([private])  
+              GitHub Development Support ([private])
+
+ 
+
+ 
+
+O’MELVENY  
+[private]  
+[private]  
+O: +[private]  
+
+O’Melveny & Myers LLP  
+610 Newport Center Drive, 17th Floor  
+Newport Beach, CA  92660