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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.
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
Microsoft is the copyright owner and as an employee of Microsoft, I am authorized to act on behalf of the organization to resolve copyright issues.
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.
We (Microsoft) ship a set of extensions for Visual Studio Code which provide "remote" access to Virtual Machines over SSH and the Windows Subsystem for Linux (WSL). We also publish an "remote extension pack", which combines the various Remote extensions into a single download. We maintain the public repository microsoft/vscode-remote-release to track issues for these extensions, but we do not host the source code here because the source code is closed source.
All of these extensions and the public repository have the following license: https://marketplace.visualstudio.com/items/ms-vscode-remote.vscode-remote-extensionpack/license
In section 7, the license states [You may not] “reverse engineer, decompile or disassemble the software, or otherwise attempt to derive the source code for the software, except and to the extent required by third party licensing terms governing use of certain open source components that may be included with the software;”.
The following repositories contain source code that has been reverse engineered by extracting minified source code from the distribution on disk.
https://github.com/vscode-remote/remote-ssh
https://github.com/vscode-remote/remote-wsl
https://github.com/vscode-remote/vscode-remote-extensionpack
https://github.com/vscode-remote/remote-ssh-edit
In fact, the description of the vscode-remote/remote-ssh, vscode-remote/remote-ssh-edit, and vscode-remote/remotes-wsl all state that they are “unminfiy and rewritten” from the sources on disk.
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What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
The repositories contained within the github.com/vscode-remote organization:
https://github.com/vscode-remote/remote-ssh
https://github.com/vscode-remote/remote-wsl
https://github.com/vscode-remote/vscode-remote-extensionpack
https://github.com/vscode-remote/remote-ssh-edit
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, the following forks need to be removed as well.
https://github.com/chongchai/remote-ssh
https://github.com/eric-mu/remote-ssh
https://github.com/philipjadler/remote-wsl
https://github.com/sac-valley-tech/remote-wsl
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?
The work is not under and open source license, it is closed source. The license can be found here: https://marketplace.visualstudio.com/items/ms-vscode-remote.vscode-remote-extensionpack/license
What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?
The repositories need to be removed as they contain proprietary source code. The cannot make changes nor can they retain the code in a private repository.
Do you have the alleged infringer’s contact information? If so, please provide it.
No
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.
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1 Microsoft Way, [private]
Redmond, WA 98052
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Please type your full legal name below to sign this request.
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