6.9 KiB
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.
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
This communication serves as official notification under Section 512(c) of the Digital Millennium Copyright Act (DMCA) that:
Western Governors University (“WGU”) holds United States Copyright interests in WGU degree program test materials. It has recently come to WGU’s attention that the domain github.com which appears to be located on computers or servers under your control, contains WGU copyright-protected exam questions from WGU materials entitled Mobile Application Development Using C#, (the "Works").
WGU is seriously concerned with the apparent wholesale taking and unauthorized copying and use of the Works. I, the undersigned, certify under penalty of perjury that: (i) I am authorized to act on behalf of WGU; (ii) that WGU is the owner of the copyright(s) in and to the Work(s); (iii) I have a good faith belief use of the Works on the web pages listed below is not authorized by WGU, its agents, or the law; and (iv) the information in this notice is accurate. (See 17 U.S.C. §512.)
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.
https://github.com/Bronsky91/Mobile-Application-Project
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/Bronsky91/Mobile-Application-Project
Have you searched for any forks 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.
https://github.com/Bronsky91/Mobile-Application-Project
Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?
This notice is provided to you, as the designated agent of the service provider associated with the web page(s) identified above. Under 17 U.S.C. § 501 et seq., you may be held liable for “damages, costs, attorneys’ fees, and any other form of monetary payment” for any infringement of the Works using your computers, systems, or networks. To limit your potential liability and receive the benefit of certain liability limitations provided under applicable law, you must act “expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.” (See 17 U.S.C. § 512.)
To prevent unauthorized distribution of the Works via your computers, systems, and networks, I request and demand you immediately prevent access to the Works located on the web pages identified above. Further, I request you prevent the infringer from posting the infringing material to your servers in the future. Additionally, since under 17 U.S.C. §512 you may receive a subpoena requiring you to supply us with the name and other identifying information for the alleged infringer, we request that you retain all files and documents necessary to recover such data.
Please send a prompt response indicating you have responded “expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity” and performed the other requested actions. (See 17 U.S.C. §512.) This letter neither constitutes an exhaustive statement of WGU’s legal position, nor is it a waiver of any of its rights and/or remedies in this or any other matter, all of which are expressly reserved. Failure to comply will cause WGU to consider taking the full legal remedies available to rectify this situation.
What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?
This notice is provided to you, as the designated agent of the service provider associated with the web page(s) identified above. Under 17 U.S.C. § 501 et seq., you may be held liable for “damages, costs, attorneys’ fees, and any other form of monetary payment” for any infringement of the Works using your computers, systems, or networks. To limit your potential liability and receive the benefit of certain liability limitations provided under applicable law, you must act “expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.” (See 17 U.S.C. § 512.)
To prevent unauthorized distribution of the Works via your computers, systems, and networks, I request and demand you immediately prevent access to the Works located on the web pages identified above. Further, I request you prevent the infringer from posting the infringing material to your servers in the future. Additionally, since under 17 U.S.C. §512 you may receive a subpoena requiring you to supply us with the name and other identifying information for the alleged infringer, we request that you retain all files and documents necessary to recover such data.
Please send a prompt response indicating you have responded “expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity” and performed the other requested actions. (See 17 U.S.C. §512.) This letter neither constitutes an exhaustive statement of WGU’s legal position, nor is it a waiver of any of its rights and/or remedies in this or any other matter, all of which are expressly reserved. Failure to comply will cause WGU to consider taking the full legal remedies available to rectify this situation.
Do you have the alleged infringer’s contact information? If so, please provide it.
[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 fair use 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 Guide to Submitting a DMCA Takedown Notice.
So that we can get back to you, please provide either your telephone number or physical address.
Western Governors University
[private], [private]
[private], [private]
[private]
Please type your full legal name below to sign this request.
R[private]