5.3 KiB
Are you the copyright owner or authorized to act on the copyright owner's behalf?
Yes I am the Copyright owner
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 work infringed is the code for the leaderboard product developed and sold globally by Spinify. Spinify started development on this product in April 2016. We regularly use [private] freelancers for specific coding tasks. On 30 June, 2017 we hired [Private] through [private] to undertake some Node.js coding. [Private] signed a Spinify NDA prior to commencing work on the assigned project. We were contacted by [private] support personnel telling us that [Private] had been removed from [private] for behaviour that violated their Terms of Service. An email stating this is shown below. It was sent to my [Private], [Private].
"Hello [Private],
I am not at liberty to disclose information related to another user's account. As mentioned previously the [private] Trust and Safety team regularly reviews activity on our platform to safeguard against persons posing as legitimate members of our community. In a recent review, we found compelling evidence to support behavior that is in violation of our Terms of Service, and we have taken further action against [Private] to protect you and the community.
After being removed from the platform, it is common that a freelancer will contact a client directly offering to finish the job or recommending another developer. If you are approached, it’s best for you to decline the offer, or ignore the freelancer altogether.
I'm happy to have one of our Talent Experts work with you and help you find a high quality replacement to get your project back on track.
Sincerely,
[Private] | [Private]
[private] did not release the payment to [Private] based on this infraction. [Private] then contacted me directly on email, our live chat facility and phone to request payment. I explained that we pay our freelance workers through [private] and as it was they who had stopped his payment, he should talk to them to sort it out. [Private] was unable to sort this with [private] and continued to request payment via Live Chat and email. We maintained our position of his needing to resolve the issue with [private]. He threatened to put our code on Github and we tried very hard and nicely to request he did not do this. He has now done this and the posted files are shown below. The work he has posted is related to our backend customer portal called MySpinify and our iOS App called Spinify.
The files are posted here:
https://github.com/developer0808/Spinify_webadmin - is our MySpinify customer portal
https://github.com/developer0808/Spinify_backend - is related to our MySpinify portal
https://github.com/developer0808/Spinify_iOS - is our iOS App called Spinify
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:
Files to be removed are
https://github.com/developer0808/Spinify_webadmin
https://github.com/developer0808/Spinify_backend
https://github.com/developer0808/Spinify_iOS
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 we have searched and were unable to find any.
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?
NO
What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?
No removal is what we are requesting.
Do you have the alleged infringer's contact information? If so, please provide it:
here are email addresses used by [Private]:
[Private]
[Private]
Type (or copy and paste) the following statement: "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."
[Private] says: "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."
Type (or copy and paste) the following statement: "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."
[Private] says: "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."
Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/
[Private] - says yes
So that we can get back to you, please provide either your telephone number or physical address:
Phone number [Private]
Please type your full legal name below to sign this request:
[Private]