4.9 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.
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.
Copyright of the entire source code which I'm submitting a DMCA takedown to, belongs to Airoha Technology, which is an IC design house company in Taiwan. Tymphany HK Limited. is my company, we are a manufacturer for audio related products. Airoha is one of the most important IC provider for us, we purchase Airoha ICs, design product based on Airoha platform, and have access permission to part of their source code/SDKs based on NDA (non-disclosure agreement) and SLA (service-level agreement).
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 source code is the SDK of an Airoha IC (model name is AB1565). Copyright of the entire SDK belongs to Airoha Technology, and is not opened to anyone that is not a client of Airoha and/or not under NDA/SLA protection. We Tymphany is a client of Airoha, we design products based on Airoha ICs, we purchase Airoha ICs, and we have NDA/SLA signed.
A few users who are not an employee of Tymphany somehow copied our repo to his/her account:
https://github.com/casterbn/Airoha_AB1565EVK
https://github.com/atom1102/Airoha_AB1565EVK
https://github.com/dalixingzi/Airoha_AB1565EVK
https://github.com/npnet/Airoha_AB1565EVK
https://github.com/shiweiping/Airoha_AB1565EVK
https://github.com/xihua13104/AB1565EVK
As you can see these repos have one of Tymphany previous employee's commit history ([private]), proofs that they somehow copied/forked from Tymphany. Above users are not authorized by [private] or [private] to own the source code or to share to the public, all copyright belongs to Airoha.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/casterbn/Airoha_AB1565EVK
https://github.com/atom1102/Airoha_AB1565EVK
https://github.com/dalixingzi/Airoha_AB1565EVK
https://github.com/npnet/Airoha_AB1565EVK
https://github.com/shiweiping/Airoha_AB1565EVK
https://github.com/xihua13104/AB1565EVK
Above repositories should be taken down.
They are not Tymphany employees, they are not authorized to clone/fork Tymphany repo.
The copyright of the code belongs to Airoha and you have to gain access through NDA/SLA or other process provided by Airoha.
Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our Complaints about Anti-Circumvention Technology if you are unsure.
No
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.
Yes, I have. I've listed every git repo I can find.
https://github.com/casterbn/Airoha_AB1565EVK
https://github.com/atom1102/Airoha_AB1565EVK
https://github.com/dalixingzi/Airoha_AB1565EVK
https://github.com/npnet/Airoha_AB1565EVK
https://github.com/shiweiping/Airoha_AB1565EVK
https://github.com/xihua13104/AB1565EVK
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.
[private]
[private]
I can only find 2 of the users' email
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.
[private]
[private]
[private]
Please type your full legal name below to sign this request.
[private]