4.6 KiB
While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s).
Dear GitHub, Inc.:
On behalf of The MathWorks, Inc. ("MathWorks") and pursuant to Sections 512(c)(3) and 512(d)(3) of the Copyright Act (17 U.S.C. 512(c)(3) and 512(d)(3)), we are writing to place you on notice of infringing materials and circumvention services in 6 forks of a certain repo that until recently was offered on the GitHub.com web site at the URL [private]. MathWorks recently submitted a DMCA takedown request for this parent repo, which request has been granted. See https://github.com/github/dmca/blob/master/2023/10/2023-10-30-mathworks-2.md
However, we now understand that there were at least 6 forks that clone/reproduce all the content of that repo. We have reviewed each fork and each fork has the same content as the original repo and shows the same “history” of Commits, namely only the original commit of the parent repo above. We are now writing to ask you, consistent with the DMCA, to please takedown these 6 forks, which are listed immediately below:
https://github.com/rmd13/matlab-2007a
https://github.com/azraelrabbit/matlab-2007a
https://github.com/dieseld23/matlab-2007a
https://github.com/Eng-RSMY/matlab-2007a
https://github.com/hhc2tech/matlab-2007a
https://github.com/xpology/matlab-2007a
Although the reasons to take down these forks are the same as for the above referenced parent repo, we are restating the basis for our request below.
I have a good faith belief that the copyrighted materials posted to (the “toolbox” folder files) and the circumventing services offered on the above infringing web pages is not authorized by the copyright owner, its agent, or the law. Specifically, I have a good faith belief that the materials in the “toolbox” folder files infringe MathWorks copyright and the services identified above violate at least 17 U.S.C. §§ 1201(a)(2) and/or 1201(b)(1) as to circumventing effective access controls and copyright protection measures of works protected under Title 17 of the United States Code, such access controls and protection being provided by MathWorks' MATLAB® computer program for user created MATLAB programs and related toolbox add-on computer programs. In particular, the above referenced repos post materials that were created by circumventing MATLAB® pcode capability, which allows a MATLAB user, including MathWorks, to obfuscate his or her MATLAB code using a MathWorks proprietary, obfuscating code format that MathWorks makes available in its products via an anti-circumvention capability. See https://www.mathworks.com/help/matlab/ref/pcode.html
The MATLAB® pcode capability allows a MATLAB user to share their original MATLAB® code file functionality with other users while protecting the user’s underlying code file’s expression (intellectual property) through a proprietary obfuscation process. The above referenced GitHub repos are
(i) providing code files that were originally protected by the p-coded obfuscation process by MathWorks and which code files were written by MathWorks and included in MathWorks MATLAB and other toolbox products included in Mathworks 2007a release (see the toolbox folder in each repo, e.g., https://github.com/rmd13/matlab-2007a/tree/master/toolbox), and
(ii) offering services (for a “donation”) to de-obfuscate more MATLAB® pcode files that have been subject to the technological measures applied by the MATLAB® pcode capability to control access to the user’s underlying protected file. See the ReadMe file for each repo, e.g., https://github.com/rmd13/matlab-2007a/blob/master/README.md
These posted copied materials (see “toolbox” folder) and these de-obfuscating or unscrambling services made available by the above referenced GitHub repos are unauthorized.
I have taken fair use into consideration. I have read and understand GitHub's Guide to Filing a DMCA Notice. 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, including the pcode anti-circumvention capabilities referenced above.
Please act expeditiously to take down these materials as soon as possible.
If you have any questions or concerns, do not hesitate to contact me at the telephone number, email address, or postal address indicated below. Thank you.
Sincerely,
[private]
[private]
The MathWorks, Inc.
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