dmca/2018-02-14-CloudCraze.md в 1bf1014f5a5e6c70176a954c482b5f27ce94b194

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February 12, 2018
Via Electronic Mail and U.S. Mail
GitHub, Inc
Attn: DMCA Agent
88 Colin P Kelly Jr St
San Francisco, CA. 94107
copyright@github.com

Re: DMCA Takedown Notice Regarding the Unauthorized Use and Dissemination of CloudCraze Copyrighted Software Code

Dear GitHub, Inc.:

We represent CloudCraze Software LLC (CloudCraze).

CloudCraze owns copyrighted materials, including computer software code, that are currently being hosted on Github’s website without CloudCraze’s authorization. Pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3), we hereby provide GitHub, Inc. (GitHub) with written notice of copyright infringement of this material, as described below.

Information About Infringing Materials

We have recently learned that a GitHub user, utilizing the username “[private][1]” is violating CloudCraze’s copyrights by posting certain copyrighted material on the GitHub repository located at the following URL:

[repository removed by owner]

This URL directs to a page on your company’s website where the user in question has posted CloudCraze’s copyrighted and proprietary software code created by CloudCraze for one of its clients. It is this client from which this user has derived the “LOL” abbreviation that appears throughout this section of his account page.

This page makes available for download, distribution and copying CloudCraze’s copyrighted software code without CloudCraze’s permission, license or authorization. The header to the code provided at the link above clearly states as follows:

The user [private], whose real name appears to be [private], does not have and never has had authorization from CloudCraze, the materials copyright owner, to distribute or make copies of the CloudCraze software code hosted on your site. According to the GitHub DMCA Takedown Notice requirements, fair use has been taken into account before submitting this notice, and does not apply.

By hosting the website listed above and making it available to the world, GitHub is engaged in contributory copyright infringement and is liable for that infringement. Under 17 U.S.C. § 512(c), the DMCA provides for a safe harbor to those ISPs, such as GitHub, only if they promptly reply to notices such as this one, about copyright infringing information posted by a user, and who take down that information “expeditiously.” Moreover, as a responsible business entity, GitHub certainly does not want to facilitate the dissemination of CloudCraze’s copyrighted, confidential and proprietary information.

We are aware of the following links that we request you search to remove any CloudCraze materials posted in GitHub repositories. These links contain copyrighted material posted not only by the user [private], but other users as well:

· https://github.com/dnguyen2/ccmpdevtest/blob/master/cc_api_Cart.cls

· https://github.com/RajAvaRepo/testGitProject

· [repository removed by owner]

· https://github.com/DeloitteLOL/lolStore

· https://github.com/pimukherjee/lolStore https://github.com/pimukherjee/lolStore/blob/master/src/classes/cc_jci_api_DeliveryDate.cls

· https://github.com/avinash-kr-sfdc/Symantec-BCINT/

· Additional URLs are provided as Appendix A

We also request that you independently search the GitHub repositories to remove code located therein. We have provided some search examples you can use, but you should not limit your search to these examples:

· https://github.com/search?utf8=%E2%9C%93&q=ccrz.ccLog&type=

· https://github.com/search?utf8=%E2%9C%93&q=%22Created+by+CloudCraze%22&type=Code

· https://github.com/search?p=4&q=Copyright+CloudCraze&type=Code&utf8=%E2%9C%93

We also request that you identify to us the individuals who posted the CloudCraze materials to GitHub.

In an effort to resolve this matter amicably, CloudCraze requests that you immediately remove and disable access to the unauthorized, infringing material described above, and comply with our other requests above. Please contact us no later than February 12, 2018, to confirm that such actions have been taken. We look forward to hearing from you.

Very truly yours,

Thompson Coburn LLP

By
[private]

I hereby certify, under penalty of perjury, that the information in this notice is accurate, and that I am authorized to act on behalf of CloudCraze, the exclusive owner of the copyrights in the material identified above. I have a good faith belief that the use of CloudCraze’s copyrighted material in this manner is not authorized by CloudCraze, its agent, or the law.

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