5.8 KiB
Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to make changes.
- provided information on how to submit a DMCA Counter Notice.
To learn about when and why GitHub may process some notices this way, please visit our README.
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.
Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?
No
Does your claim involve content on GitHub or npm.js?
GitHub
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
I am a [private] for the company Entelgy [private], we provide software construction services for different clients, including the client BBVA. In 2021 we worked on a project which contains source code protected by the client's privacy clauses that are indicated in our contract, where they tell us that no material should be exposed publicly. However, it seems that at the time a github repository was created to work collaboratively which remains public to this day.
This repository is the following https://github.com/Entelgy2021/ . Due to the name "Entelgy2021" it is presumed that it was created by a former Entelgy collaborator but in Our investigations have not obtained results. Today the client has reported to us with great urgency that we make the repository private or delete it since the source code is publicly exposed at this time. Please ask for your support to evaluate the case and help us make the repository private. Likewise, it tells us that in the metadata there could also be sensitive information, which is why it is urgent to obtain your support.
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.
This is our client's private [private]. This [private] was duplicated publicly on GitHub in October 2021.
[private] (private):
[private]
The following copyright policy is being violated, :
(translated from Spanish to English and extracted from the following document, page 24 and 25:
4.9.2 “Respects the intellectual and industrial property of the BBVA Group: courses, projects, programs, computer systems, processes, technology, know-how, as well as information about clients, products, strategies and operations, etc. They can only be used for the performance of your professional duties in the BBVA Perú Group.”
4.9.3 “The result of the professional performance of the employees and senior managers of the BBVA Peru Group belongs to the company and, therefore, the inventions, discoveries, developments, concepts, methods, ideas or works related to the business and developed as a consequence of our work in the Group are property of the BBVA Perú Group.”
4.9.4 “Also respect the intellectual and industrial property that protects the products and services of third parties.”
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
Master: https://github.com/Entelgy2021/dwp-dev7
Develop: https://github.com/Entelgy2021/dwp-dev7/tree/develop
Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our Complaints about Anti-Circumvention Technology if you are unsure.
No
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.
Master: https://github.com/Entelgy2021/dwp-dev7
Develop: https://github.com/Entelgy2021/dwp-dev7/tree/develop
Is the work licensed under an open source license?
No
What would be the best solution for the alleged infringement?
Repository can be made private
Do you have the alleged infringer’s contact information? If so, please provide it.
No, we presume that he is a former [private] but we are not certain since once the project concluded, this content was not reviewed on Github, so we presume that it was an involuntary error to have left it publicly.
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.
Movil [private]
Please type your full legal name below to sign this request.
[private]