dmca/2019/02/2019-02-27-PostCHLtd.md

Hello,

Thank you for your mail. As proposed here a new takedown notice:

1. Are you the copyright owner or authorized to act on the copyright owner’s behalf?

Yes. I am acting on behalf of Post CH Ltd and Scytl Secure Electronic Voting, S.A., which are, individually or jointly as the case may be, the copyright owner of the work described below.

2. 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.

Post CH Ltd publishes code on gitlab.com under the profile “Swisspost” (@swisspost; https://gitlab.com/swisspost). In the project “evoting-solution” ([private]) Post CH Ltd with consent of Scytl publishes certain parts of the code of its electronic voting solution (hereafter: the Work) to everybody willing to agree to the “Electronic Voting Solution Source Code Access Agreement”, https://www.post.ch/-/media/post/evoting/dokumente/nutzungsbedingungen-quellcode.pdf?la=en&vs=2).

The Work, in particular, consists of all the various files stored in the repository of the project “evoting-solution” and in the folders “dependencies”, “documentation” and “source-code”.

A list of the 6,067 (six thousand and sixty seven) files containing the copyrighted work of Scytl Secure Electronic Voting, S.A. and Post CH Ltd is annexed as integral part of this notification. I send you the list of files by E-Mail. Additional copyrighted work is contained in various texts directly on the websites of the before-mentioned gitlab.com profile.

3. What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL:

Take down the entire repository https://github.com/0xC0DE4C0FFEE/evoting-solution.

4. 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, there are forks (1:1 copies):

https://github.com/BenBE/evoting-solution

https://github.com/dheeraj-rn/evoting-solution

https://github.com/diagprov/evoting-solution

https://github.com/fo0nikens/evoting-solution

https://github.com/herzmut/evoting-solution

https://github.com/jacinda/evoting-solution

https://github.com/MarcIlunga/evoting-solution

https://github.com/si-co/evoting-solution

5. 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, it is not.

The Code in question is proprietary and not subject to a free and open source software (FOSS) license. Swiss Post Ltd grants access to the project “evoting-solution” (https://gitlab.com/swisspost/evoting-solution) only to persons who have agreed – as part of the license obligations (see “Electronic Voting Solution Source Code Access Agreement”, https://www.post.ch/-/media/post/evoting/dokumente/nutzungsbedingungen-quellcode.pdf?la=en&vs=2) - not to share and distribute the Code.

6. 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?

Take down/removal.

The license granted by Scytl and Post CH Ltd allows to keep the Work in a private repository without sharing means of access. The alleged infringer has demonstrated his/her wilful intention to provide public access to the copyrighted work and, thus, distribute/share it against his license obligations. With the publication of the Code the alleged infringer has forfeit any right to access the code. To make the repository private is therefore not appropriate.

7. Do you have the alleged infringer’s contact information? If so, please provide it:

No.

8. 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."

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.

9. 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."

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.

10. 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/

I have read the Guide to Submitting a DMCA Takedown Notice.

11. So that we can get back to you, please provide either your telephone number or physical address:

Post CH Ltd, Wankdorfallee 4, 3030 Bern, Switzerland. Telephone number [private],

Scytl Secure Electronic Voting, S.A. C/ Enric Granados 84, 08008 Barcelona, Spain. Telephone number [private]

12. Please type your full legal name below to sign this request:

[private] (REQUEST FOR PRIVACY: Please do not publish #12)