Process DMCA request

2022/07/2022-07-21-twitch.md

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+While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s).
+
+---
+
+**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?**
+
+No
+
+**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.**
+
+I have read and understand GitHub's Guide to Filing a DMCA Notice. I am an attorney for Twitch.tv, and am thereofre authorized to act on the company's behalf.
+
+**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.**
+
+This is an urgent and time sensitive matter. Twitch recently became aware that GitHub is hosting content which relates to Twitch and a recent security incident:
+
+https://blog.twitch.tv/en/2021/10/15/updates-on-the-twitch-security-incident/?utm_referrer=https://blog.twitch.tv/en/2021/10/06/updates-on-the-twitch-security-incident/
+
+The content on GitHub contains information that consists of Twitch confidential and proprietary information and copyrighted material, among other things (“Content”). The Content is at the following URL:
+
+Hello team!
+
+We were notified of a couple of internal Twitch code on a public Github
+repo here:
+https://github.com/BlackFoxDE/bryachar/tree/e13277bf6ec3e06825fc98a97bf5c037dbe2c6d7/__vendor/code.justin.tv
+
+More specifically, all folders under "bryachar/__vendor/code.justin.tv/"
+
+```
+[private]
+```
+
+We note that other websites have proactively removed similar Content already, without receiving a request from Twitch.
+
+The Content has been posted in connection with criminal activity and relates to violations of multiple United States and international laws, including the Computer Fraud and Abuse Act and the Copyright Act. Twitch has also notified law enforcement regarding this matter.
+
+The Content further violates at least the following provisions of your Terms of Service2:  
+• “Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction.”3  
+• “Under no circumstances will Users upload, post, host, execute, or transmit any Content that: is unlawful or promotes unlawful activities,” as well as content that “infringes any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other right.”  
+• Prohibitions on content consisting of “private information” “that (i) should have been kept confidential, and (ii) whose public availability poses a specific or targeted security risk to you or your organization.”
+
+**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
+
+As you can understand, this is an urgent and serious matter. We request the following:  
+1. That GitHub immediately remove the Content and any other related information posted in connection with the Content;  
+2. To the extent GitHub has already removed any such Content, we request that you please provide confirmation and a list of all identified and removed Content to us as soon as possible; and  
+3. That GitHub independently preserve evidence regarding the Content and who posted it on your website, including names, account identifier, IP addresses, and any other metadata or other technical information, as this is relevant to Twitch’s investigation of the matter.
+
+**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.**
+
+Yes
+
+**What technological measures do you have in place and how do they effectively control access to your copyrighted material?**
+
+Twitch deploys administrative, technical, and physical controls to protect all its intellectual property.
+
+**How is the accused project designed to circumvent your technological protection measures?**
+
+The source code at issue was criminally obtained by a threat actor in violation of state and federal law.
+
+**<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.
+
+**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.**
+
+No.
+
+**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.**
+
+The best way to contact me is directly through email, [private]  
+For mailing, please use HQ address Attn: Twitch Legal Dept. - 350 Bush Street, 2nd Flr, San Francisco, CA 94104
+
+**Please type your full legal name below to sign this request.**
+
+[private]