5.8 KiB
May 15, 2017
By Overnight Express, Fax, and Email
GitHub, Inc.
Attn: DMCA Agent
88 Colin P Kelly Jr St
San Francisco, CA 94107
Fax: 415-520-5597
copyright@github.com
Re: Amdocs - DMCA Removal Request
Dear Sir or Madam: We are litigation counsel for Amdocs, a leading software and services provider to communications and media companies. Amdocs provides, among other things, software which supports the billing systems of telecommunications carriers. It has come to our attention that highly valuable, copyrighted Amdocs source code has been posted to GitHub without Amdocs' consent. We write to request that you immediately remove this infringing code. This letter is at least the fifth attempt Amdocs has made to effect removal of the infringing code by submitting DMCA removal requests.
Specifically, we request that you remove the following two directories:
We make this request because we have reviewed the materials available in these two directories and have verified that they are Amdocs' proprietary and copyrighted materials. Specifically, the directory structure of huilang22/projects/tree/master/usr1/arbor contains the full source code for Amdocs Kenan/BP. This code includes the source code for the applications and libraries which comprise the suite of billing and customer management software collectively marketed as Amdocs Kenan. The purpose of this software is to perform a number of functions around rating, billing, invoicing and collections. The directory structure of huilang22/projects/tree/master/com contains the source code for the API layer of Amdocs Kenan. This code consists of a number of C, C++ and Java-based programs which work in conjunction with the Amdocs Kenan/BP product to provide programmatic access to the data maintained by Kenan/BP. The legal name for the API functions is Amdocs Kenan API/TS. Both of these collections of code are protected by both copyright and trade secret law, among others.
Although not required under the DMCA, Amdocs has, at GitHub's request, provided GitHub with excerpts from the posted source code which definitively prove Amdocs' ownership of the copyright in the code (through Amdocs' purchase of Comverse Inc.'s BSS business following Comverse's acquisition of Kenan Systems Corp.). We have attached sample code sections depicting the copyright notices to this letter as Exhibit A. We note that a search of the huilang22/projects director reveals 32,027 separate instances of the use of the word "copyright."
Amdocs has not, at any time, authorized either "huilang22" or any other person or entity to distribute or copy these copyrighted materials through GitHub or any other source code repository. As the posted source code is entirely the property of Amdocs, and composed entirely of stolen intellectual property, we do not believe that any alteration to the posted code could in any way alter the infringing and unlawful nature of the two identified directories. Accordingly, we do not believe that "huilang22" should be afforded any opportunity to make changes to the posted source code prior to its removal.
In addition to constituting copyright infringement and trade secret misappropriation, the posting of Amdocs' source code on GitHub is a plain violation of GitHub's Terms of Service. Specifically, "huilang22" has violated several provisions of GitHub's Acceptable Use Policy, including by (1) using the service in violation of domestic and international copyright law and trade secret law (in violation of Section C.1 "Compliance with Laws and Regulations."), and (2) uploading, posting, and transmitting content that infringes on Amdocs' proprietary copyright and trade secret rights in the posted source code (in violation of Section C.2 "Content Restrictions").
We therefore request that by the close of business on May 16, 2017, you: (1) remove the two above-referenced directories from GitHub, (2) provide us with written confirmation, by e-mail and mail, that you have done so; and (3) preserve, collect, and transmit to us any and all records relating to "huilang22" including, but not limited to, the account-holder email address and any and all available contact and/or billing information and any account IP address information captured in the course of account creation or access. We also request that you preserve all records in your possession regarding any GitHub user's (including, but not limited to, "huilang22") access to either of the two above-identified directories, including the date, time, and IP address associated with such access, so as to avoid the destruction of evidence. Of course, if you have any questions or need further information, please do not hesitate to contact me.
The foregoing does not constitute an exhaustive statement of the facts in this matter and the demands made herein shall not waive or prejudice any legal or equitable rights or remedies which our client may have in connection with the subject matter hereof, all of which are expressly reserved. We trust that GitHub shares Amdocs' interest in preventing the use of GitHub to distribute unlawfully copies of Amdocs' proprietary source code, and that we can resolve this manner in an expedient and amicable manner. We note, however, that due to the extreme sensitivity and value of the posted source code, Amdocs will take whatever action it deems appropriate, including possible legal action against GitHub, should the infringing materials not be promptly removed.
I have read and understand GitHub's Guide to Filing a DMCA Notice. I hereby declare, under penalty of perjury, that the information contained in this letter is accurate to the best of my knowledge and that I am authorized to act on behalf of Amdocs, the owner of the copyrights in the works referenced herein.
Very Truly Yours,
[Private]