3.5 KiB
June 7, 2019
Without Prejudice
By Electronic Mail
GitHub, Inc
Attn: DMCA Agent
88 Colin P Kelly Jr St
San Francisco, CA. 94107
APPLE INC.’S DMCA TAKE DOWN NOTICE (CD033124)
Dear DMCA Agent:
We are outside intellectual property counsel for Apple Inc. (“Apple” or “Copyright Owner”), the owner of certain copyright protected software identified below, which has been posted to GitHub.org without license. Please direct all future correspondence related to this matter to me.
We hereby provide notice of copyright infringement pursuant to the terms of the Digital Millennium Copyright Act (the “Act”).
Copyright Owner is the owner of copyrights in the following works (the “Work”):
a)ivr-load-test-tool, and Apple internal tool, not publicly disclosed, configured to operate within the Apple internal domain making use of internal Apple tools and to interact with confidential Apple internal servers.
It has come to Copyright Owner’s attention that your service located at the following clickable links:
1.https://github.com/sandeepkhatri01/ivr-load-test-tool
(the “Service”) displays and provide access to Copyright Owner’s Work without license and thereby infringes Copyright Owner’s copyrights in the Works.
The following is the infringing material accessible via the Services:
1.ivr-load-test-tool, a detailed description of which follows: this software constitutes Copyright Owner’s copyright protected software code, and is displayed and made available by the Service without license, such that the entire repository available at the Service, including the subfolders thereunder, is infringing Copyright Owner’s exclusive rights in the Works. This Apple internal software tool is configured to operate for Apple internal purposes within the Apple internal domain making use of communications with confidential Apple hostnames using Apple internal Information Services and Technology tools, for example, as can be seen here: https://github.com/sandeepkhatri01/ivr-load-test-tool/blob/master/src/main/resources/tserver-config.conf lines 23, 25, 30, 32, 37, 44, 46, 51, 53, 58, 60; https://github.com/sandeepkhatri01/ivr-load-test-tool/blob/master/src/main/java/com/apple/ist/tool/Main.java, lines 1-8; https://github.com/sandeepkhatri01/ivr-load-test-tool/blob/master/src/main/java/com/apple/ist/tool/service/ArgumentValidator.java line 1; and other examples throughout.
We have a good faith belief that the use of the Works in the material described in this letter is not authorized by Copyright Owner, any agent of Copyright Owner, or any applicable law. The information in this notification is accurate. We swear under penalty of perjury that we are authorized to act on behalf of Copyright Owner with respect to the subject matter of this letter.
We therefore request that you remove or disable access to the infringing material as set forth in Section 512(c)(1)(C) of the Act and pursuant to your Copyright Policy and terms of service.
Please contact the undersigned no later than one week from the date of this letter to confirm that the infringing material has been removed or access disabled. The undersigned may be contacted at the address and email address set forth above.
The above is not an exhaustive statement of all the relevant facts and law. We expressly reserve all legal and equitable rights and remedies.
Very truly yours,
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Reed Smith LLP