dmca/2019-04-25-ElasticSearch.md в 26b63f4127d675656fba4e33b4ba93b8d29eda69

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April 22, 2019

VIA EMAIL

GitHub, Inc.
Attn: DMCA Agent
88 Colin P Kelly Jr St
San Francisco, CA. 94107
Email: mailto:copyright@github.com

Re: Notice of Copyright Infringement

Dear DMCA Agent:

We represent Elasticsearch, Inc. and Elasticsearch B.V. (collectively "ELASTIC") in connection with the protection of ELASTIC's intellectual property, including ELASTIC's copyrights in its software. We are duly authorized to act on ELASTIC's behalf. It has come to our attention that third parties have been violating ELASTIC's copyrights in its X-Pack source code, including by publishing circumvention tools designed to overcome ELASTIC's technological measures that control access to its copyright-protected work. We hereby provide notice of copyright infringements pursuant to the terms of the Digital Millennium Copyright Act ("DMCA") and GitHub's DMCA Takedown Policy.

ELASTIC is the copyright owner of its proprietary software called "X-Pack," an extension that bundles security, alerting, monitoring, reporting, and graph capabilities. The GitHub repository for X-Pack is located at https://github.com/elastic/elasticsearch/tree/master/x-pack. ELASTIC offers its copyrighted X-Pack commercial software source code subject to the terms of the Elastic License, which is not an Open Source license.

It has come to ELASTIC's attention that GitHub's service provides access to content that circumvents ELASTIC's technological measures that effectively control access to its copyright-protected work. Specifically, there is a repository located at https://github.com/n3uz/elastic-x-pack-crack that illegally circumvents and "cracks" ELASTIC's licensing mechanism, in violation of the Elastic License and ELASTIC's rights under the Copyright Act. This repository has been forked 23 times, all of which also impermissibly circumvent ELASTIC's licensing mechanism. The list of forks is located at the following URL: https://github.com/n3uz/elastic-x-pack-crack/network/members. The entire list of infringing repositories and forks can be found in Appendix A to this letter. ELASTIC does not have contact information for any of the infringers.

We therefore request that GitHub remove or disable access to the infringing repositories and forks listed in Appendix A, pursuant to Section 512(c) of the DMCA and GitHub's Terms of Service and DMCA Takedown Policy. Because all use of the circumvention technology violates 17 U.S.C. § 1201, ELASTIC requests complete removal of the infringing repository and forks as described above: no other solution would permit ELASTIC to protect its valuable intellectual property rights.

I have read and understand GitHub's Guide to Filing a DMCA Notice. 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.

Nothing contained in this letter is intended as or should be construed to be a waiver or relinquishment of any right or remedy held by our clients, all of which are expressly reserved.

Sincerely,

[private]

APPENDIX A: List of Infringing Repositories and Forks to Be Removed

[private]

O'Melveny
[private]
O'Melveny & Myers LLP
Two Embarcadero Center, 28th Floor
San Francisco, CA 94111
Website | LinkedIn

4.9 KiB Исходник Ответственный История

4.9 KiB

Исходник Ответственный История