dmca/2016/2016-11-30-Testdome.md

3.2 KiB

Dear Copyright Agent:

I, the undersigned, state UNDER PENALTY OF PERJURY that:

I am an agent authorized to act on behalf of a person injured by a violation of the U.S. Copyright laws, in particular section(s) 1201(a)(2) and/or 1201(b)(1) of Title 17 of the United States Code, commonly referred to as the Digital Millennium Copyright Act, or "DMCA";

I May Be Contacted At:
Name of Injured Party: TestDome Limited
Name: [private]
Address: [private]
Company: TestDome Limited
Email address: [private]
Phone: [private]

I have a good faith belief that the source code snippets identified below (by URL) are unlawful under these laws because, among other things, they breach the copyright clause of TestDome's Terms of Service: http://www.testdome.com/Terms

Reason: Original content, including any solutions to original testing content are owned by TestDome Limited and are available only to our paying customers.

Files found online are our (TestDome) templates for candidates to implement their solutions in so original authorship is split for all files. But, as candidates agree to our Terms of service https://www.testdome.com/terms before taking a test where they assign ownership of their solutions to us (TestDome). Excerpt:

Copyright Ownership. The Website and its original content, features and functionality are owned by the Company and are protected by international copyright, trademark and other intellectual property laws. Use of the original content is only permitted via the Website. Original content includes but is not limited to test questions posed to Candidates and their solutions to them. ... Assignment. Candidate agrees that upon completing the tests and submitting his or her answers and solutions he or she hereby assigns all rights, title and interest in and to the copyrights to the answers and solutions to the Company for its exclusive use and that the Company shall be the sole and exclusive owners of copyright and other intellectual property rights in said answers and solutions. Users and Candidates agree that the answers and solutions to the testing questions may not be reproduced or republished in any medium without the express written permission of the Company.

We have found solutions to our premium questions (which are only available to paying customers) on your site:

https://gist.github.com/anonymous/ff650fcb4437ede32b3e44007dc76ea1 https://www.testdome.com/Questions/4934

https://gist.github.com/anonymous/c892789d2a8146ac85f758c9eee7937e https://www.testdome.com/Questions/4788

Since the questions are behind a paywall, I've attached screenshots with the URL visible. We'd like the code removed completely from your website, please.

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 Filing a DMCA Notice.

Thank you for your kind assistance.

Truthfully,

[private]
TestDome Limited
www.testdome.com