dmca/2016/2016-11-21-Sitecore.md

7.2 KiB

Dear GitHub, Inc. DMCA Agent:

Our law firm represents Sitecore USA, Inc. and Sitecore Corporation A/S ("Sitecore") in connection with its investigations into illegal duplication of its proprietary software products and the unlawful circumvention of copyright protection mechanisms that control access to those products. This notice is being provided to GitHub, Inc. ("GitHub") by Sitecore pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, to give your company an opportunity to comply with the instructions below and thereby claim a safe harbor from liability under 17 U.S.C. § 1201 for offering to the public, providing, and otherwise trafficking in materials for use in circumventing a technological measure that effectively controls access to one of Sitecore's copyrighted software products.

Sitecore owns the copyrights in and to various software products (together, the "Software"), including without limitation various versions of Sitecore® CMS software and Sitecore® XP software. The following GitHub webpages (together, the "GitHub Webpages") posted by the GitHub users identified therein provide members of the public, without Sitecore's authorization, with license key information that allows consumers to access unlicensed installations of the Software:

2fc474fe08/src/CrispyCode.GlassMapper.SC.UnitTests/license.xml

• posted by GitHub user "[private]" of "crispycode" (aka "[private]" of [private] with a URL of [private])

21ccb3df89/cookbooks/goo_webserver/files/default/sitecore_license-20141207013503.xml

• posted by GitHub user "[private]" (aka "nicolaihald")

ed396b6b15/UniGem/UniGemConsole/UniGemConsole/App_Config/Data/license.xml

• posted by GitHub user "[private]" (aka "eris86")

b174a9dec6/scApp/license.xml

• posted by GitHub user "r-pawlik"

4e0b4f70ab/src/Feature/LayoutSimulator/tests/license.xml

• posted by GitHub user "[private]" (aka "patrickperrone" of "[private]" with a URL of [private])

68a209129a/Conceptum.Web.Tests/license.xml

• posted by GitHub user "CodeSpanish"

958d0bc298/TEKsystems.SitecoreCms.Custom.Tests/license.xml

• posted by GitHub user "[private]" (aka "demiurgency")

f1578809fd/Aqueduct.BaseSitecoreMVCSite/data/license.xml

• posted by GitHub user "[private]" (aka "leethomascook" of "[private]" with an email address of [private] and a URL of [private]

7961517f15/Archive/SitecoreInstaller.Tests/Domain/BuildLibrary/TestLicense.xml

• posted by GitHub user "rzmoz"

faff3371a7/SitecoreInstallerTests/BuildLibrary/TestLicense.xml

• posted by GitHub user "rzmoz"

9c9318cb26/App_Licence/license.config

• posted by GitHub user "freid"

9b62847785/Data/license.xml

• posted by GitHub user "aakash4377"

75586980dd/sc72rev140526.Tests/license.xml

• posted by GitHub user "CodeSpanish"

9c9318cb26/App_Licence/.svn/text-base/license.config.svn-base

• posted by GitHub user "freid"

6bf1f18b5b/Website/sitecore/shell/Applications/Licenses/license.xml

• posted by GitHub user "[private]" (aka "clone278")

af7062abd5/NEXT/Trunk/Smartworks/Projects/Src.Smartworks.Web.Sitecore/Data/license.xml

• posted by GitHub user "nisarkhan"

8614959aab/Dependencies/Licenses/Sitecore/license-authoring.xml

• posted by GitHub user "DaiAtGit"

8614959aab/Dependencies/Licenses/Sitecore/license-production.xml

• posted by GitHub user "DaiAtGit"

8614959aab/Source/Neb.Web/Data/license.xml

• posted by GitHub user "DaiAtGit"

ba998e0cff/Data/license.xml

• posted by GitHub user "ysaini"

2eed52ab9e/TemplateWebFormsMVC/App_Data/license.xml

• posted by GitHub user "edvineshagh"

1a094d2188/Data/license.xml

• posted by GitHub user "salvador78"

b53bd8aa9b/Data/license.xml

• posted by GitHub user "kianmengxtremax"

fc5c1c21e7/Data/license.xml

• posted by GitHub user "simplejain"

c2bff62856/Data/license.xml

• posted by GitHub user "kianmengxtremax"

Sitecore has not given GitHub any permission, license, or other authorization to distribute to the public the license file information identified on the GitHub Webpages. I have a good faith belief that the actions and omissions by GitHub described above are not authorized by Sitecore, any agent of Sitecore, or the law. I declare under penalty of perjury that the above-information is accurate and that my law firm and I are authorized to act on Sitecore's behalf in connection with this matter. I have read and understand GitHub's Guide to Filing a DMCA Notice.

GitHub's unauthorized offering to the public, providing, and trafficking in the materials set forth on the GitHub Webpages violates Sitecore's copyright-related rights in and to the Software and creates a basis for Sitecore to take legal action against GitHub pursuant to 17 U.S.C. § 1203. If litigation becomes necessary to enforce its rights, Sitecore would be authorized to seek a recovery of damages, an attorneys' fees award, and injunctive relief.

To avoid such liability, GitHub must immediately and permanently remove and disable the public's access to the GitHub Webpage.

Please immediately confirm by return correspondence that GitHub has complied with the instructions above. With this letter, Sitecore has neither waived nor relinquished any rights it has or may have against GitHub in connection with the Software, the GitHub Webpages, or otherwise, which rights are all hereby expressly reserved.

Thank you.

[private]
Donahue Fitzgerald LLP

1999 Harrison Street 25th Floor, Oakland, California, 94612-3520 | [private] | [private]