3.1 KiB
September 23, 2015
Via Email Only
copyright@github.com
GitHub, Inc.
Attn: DMCA Agent
88 Colin P Kelly Jr. St
San Francisco, CA. 94107
Re: DMCA Removal Request
To the Person of Greatest Authority:
On behalf of GitHub, Inc. (“GitHub”), you are hereby given notice valid under the Digital Millennium Copyright Act (DMCA) infringement notification requirements as set forth at 17 U.S.C. § 512 that there is material hosted on GitHub’s servers that violates my client’s intellectual property rights. Demand is hereby formally made that this material be disabled from public display.
I am the designated agent for Vibe Media, Inc. (“Vibe Media”), operators of a leading online adult directory website. I am authorized by Vibe Media to send this notice.
The offending content violating my client’s copyright can be found at the following url:
https://github.com/vladkrasovsky/framework
This is proprietary source code for Vibe Media’s website, cityvibe.com. The source code accessible at the above link was created and is owned by Vibe Media, and my client has not authorized its public dissemination.
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.
On behalf of Vibe Media, I demand that upon receipt of this notification, you expeditiously remove or disable access to the above claimed infringing material.
I certify under penalty of perjury that I have a good faith belief that the information contained in this notification is accurate to the best of my knowledge and that I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Although this notice complies with the notice and take down procedures set forth at 17 U.S.C. § 512(c) or other subsections of Title 17, it should not be construed as an admission that your company is, indeed, eligible for the safe harbor provisions set forth therein. Repeat infringers, both hosting companies and the websites they host, may lose their safe harbor eligibility due to repeated and flagrant disregard for copyright laws. Web hosts may lose their DMCA safe harbor protections if they insist on harboring repeat infringers.
Under the subpoena provisions of 17 U.S.C. § 512(h) or other legal process, my client may seek identifying information for the individuals responsible for posting these infringing works, including without limitation, time stamped IP addresses for each of the individuals. Therefore, my client requests that your client preserve any and all information relating to the publishing of this material. Your client should maintain all files, computer code, and other records relating to these individuals and that corresponding forum where the infringements were discovered.
This notice does not constitute a waiver of any of the copyright owner’s legal rights or remedies in this or any other matter, all of which are hereby fully and expressly reserved.
Your immediate attention to this matter is expected. Please inform me when this demand has been complied with so that I may re-inspect the site for compliance.
Sincerely,
[PRIVATE]