dmca/2015/2015-06-08-FN.md

Re: DMCA Take Down Notice June 5 2015

My name is [PRIVATE] and I am a director and CEO of Flash Networks Ltd. ("FN"). I am sending this letter to advise you that information published on GitHub's website is infringing upon copyright owned by FN:

1. FN is the sole owner and proprietor of software product commercially known as Layer8 which FN developed and markets ("Layer8").

2. Layer8 is a "closed source" proprietary software. The use thereof is subject to receipt of a license from FN against payment of fees and or royalties and otherwise is subject to commercial and legal terms acceptable to FN.

3. FN has discovered to its astonishment that sections of the Layer8 source code appear on your website at the following address:

https://github.com/thejeshgn/airtel-3g-script-injection.

4. The user that uploaded the infringing material is Thejesh GN (https://github.com/thejeshgn).

5. The publication of the Laye8 source code at the above URL as aforesaid is a severe violation of FN copy and other intellectual property rights and is a gross misappropriation of one of FN most valuable assets.

6. For clarification, the entire web page detailed above is infringing on FN's proprietary software. For examples only, the following pages, included in the web page are infringing to FN:

a. https://github.com/thejeshgn/airtel-3g-script-injection/blob/master/Anchor.js

b. https://github.com/thejeshgn/airtel-3g-script-injection/blob/master/Anchor_beautified.js

c. https://github.com/thejeshgn/airtel-3g-script-injection/blob/master/flashnetworks.png

d. https://github.com/thejeshgn/airtel-3g-script-injection/blob/master/thej_in_screenshot_from_2015-06-03_18:49:39.png

7. This letter is official notification under the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

8. Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

9. Also the continued publication shall in all certainty cause FN irreparable harm and severe damages and shall materially jeopardize its business operations.

10. 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.

11. 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.

12. I have read and understand GitHub's Guide to Filing a DMCA Notice.

Should you wish to discuss this with me please contact me directly.

Thank you.

[PRIVATE]