September 2, 2016 Via Electronic Mail GitHub, Inc. Attn: DMCA Agent 88 Collin P Kelly Jr St. San Francisco, CA 94107 copyright@github.com Re: DMCA Takedown Notice For https://github.com/implydata/imply-pivot and Notice of Repeat Infringer To Whom It May Concern: 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/imply-pivot. This project infringes the copyright of Metamarkets Group, Inc. in the proprietary, interactive visualization software called Facet, described at https://metamarkets.com/2015/introducing-facet/. Facet was developed internally at Metamarkets and Metamarkets holds the copyright thereto. Facet is only available to Metamarkets customers who purchase a license to use Facet. The project at https://github.com/implydata/imply-pivot is a re-uploaded copy of an infringing code repository Github has already taken down. This re-uploaded copy remains infringing and it too should be taken down immediately. More specifically, on September 1, 2016, Github processed Metamarkets’ August 24, 2016 DMCA notice (viewable here: https://github.com/github/ dmca/blob/master/2016/2016-08-31-Facet.md and incorporated herein by reference) regarding an infringing project known as Pivot, by taking down the Pivot code repository. Metamarkets has since learned that within a matter of hours after the Github takedown, the owner of the infringing Pivot repository, Imply Data, re-uploaded a near-identical copy of the infringing Pivot code repository. Imply Data gave the re-uploaded copy a slightly different name (“Imply-Pivot” instead of “Pivot”), deleted the contents of the first commit, and then combined the first 70 commits into a brand new “Hello World” first commit — presumably to make it appear different from the original infringing Pivot repository. This new project (“Imply-Pivot”) is nearly identical to the taken down project (“Pivot”) and continues to infringe Metamarkets’ copyrights in its proprietary Facet software. Imply-Pivot purportedly is owned by Imply Data. The [private] of Imply Data is [private]. Mr. [private] is a former employee of Metamarkets who had access to Facet, including its highly confidential and proprietary source code, by virtue of his employment with Metamarkets. Mr. [private] left Metamarkets’ employment in May 2015. At an unknown time in 2015, Mr. [private] joined Imply Data. Imply-Pivot extensively copies the nonliteral elements of Facet’s structure, sequence and organization, as can be seen in the following exemplary screenshots. Stacked Time Series View: Metamarkets’ Facet on left, Imply’s Pivot on right. [image: Inline image 1] Nested Table View: Imply’s Pivot on the left, Metamarkets’ Facet on right. [image: Inline image 2] Imply-Pivot is causing immense harm to Metamarkets. Facet is Metamarkets’ flagship proprietary SaaS product. Imply Data has impermissibly copied its structure, sequence and organization in the form of Imply-Pivot, which Imply Data then improperly open sourced on Github. The entire Imply-Pivot repository must be taken down immediately in order to prevent further infringement of Facet, and further harm to Metamarkets. In light of this repeat infringement by Imply Data, and Imply Data’s apparent strategy of defying Github takedowns by simply re-naming and re-uploading the infringing material, Metamarkets further requests that Github exercise its discretion to invoke its Repeat Infringer Policy by disabling and/or terminating the accounts of users who may infringe upon the copyrights or other intellectual property rights of GitHub and/or others. 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] [private] [private]| METAMARKETS m [private] | t [private] [private]