dmca/2018/2018-08-27-Tibra.md

Github, Inc
C/O: [private] (GitHub Support)
Attn: DMCA Agent
88 Colin P Kelly Jr St
San Francisco, CA. 94107
By email: [private] (GitHub Support) support@github.com

Dear [private]

REVISED DMCA TAKEDOWN NOTICE

Thank you for your email dated 15 August 2018 responding to Tibra’s initial DMCA takedown request.

Please find below a revised notice, as requested.

Tibra Global Services Pty Limited (“Tibra”) has recently become aware that its copyright protected software code has been published onto Github without Tibra’s knowledge or permission. Tibra requests Github takes down the infringing material immediately.

The particulars of the copyrighted material are set out below.

Infringed copyrighted work
The infringed copyrighted works are text files that contain tutorials and worked examples of how to deploy Tibra’s code within its proprietary libraries (“copyright works”). The copyrighted works were developed by Tibra employees, and are owned by Tibra, or lawfully licensed by Tibra for internal purposes.

Publication and edit history of copyright works
The publication date of the copyright works is 23 November 2016, with further commits on 25 November 2016, and the latest commit on 6 December 2016.
We know the copyright works were published by the GitHub handle user “[private]” to the "python" repository of github handle "solverf". The git commit that published the copyright works to GitHub was b215c2f8f470f1cdac4d2588a83232a543c1f89c, using author details "Author: [private] >" (“[private]”). User [private] also later deleted some material by commit 4cfa0faf409b5c97ce1ae9718ddf5b3cd7eb2a11, and subsequently made further edits. There was clear collaboration with an additional GitHub user, [private] > (“[private]”), through commit bb8a44ce28a2fd353bd3ad9e818868f1f100a001, on Kalman filtering code. It appears user [private] uploaded Tibra data on a Friday, user [private] made changes over the weekend, and [private] continued to push data seemingly from Tibra during the following week using commit 6519966b1130ae1911ee657546cf7d6e781f6bbf.

No consent for publication
Tibra considers the information as proprietary, confidential and protected by copyright for the benefit of Tibra (and where applicable, its licensors).
There is no legitimate reason the copyright works would have been published on GitHub, or with the consent of a properly authorised representative of Tibra, either at the time or since publication.
On further investigation, it is also clear that the user [private] was a former employee of Tibra, who concluded her employment in May 2017. Tibra has taken steps to ask Ms [private] to remove the Infringing Publications (defined below), however in the event this step is unsuccessful, or unduly delayed, Tibra makes the following removal request to GitHub in accordance with GitHub’s DMCA takedown notice request policy.

Removal request
The copyrighted works have been published on GitHub at:

• Alpha_test: https://github.com/solverf/python/blob/master/alpha_test.ipynb;
• GM201 - 1. Data architecture.html: bb8a44ce28/GM201%20-%201.%20Data%20architecture.html
• GM202 - 1. Filtering data.html: bb8a44ce28/GM202%20-%201.%20Filtering%20data.html
• GM202 - 2. Finding Alpha.html: bb8a44ce28/GM202%20-%202.%20Finding%20Alpha.html
• Kalman Filter.ipynb: https://github.com/solverf/python/blob/master/Kalman%20Filter.ipynb
• KalmanFilter_Test.ipynbL https://github.com/solverf/python/blob/master/KalmanFilter_Test.ipynb
• pair.ipynb: https://github.com/solverf/python/blob/master/pair.ipynb
• PQ_1933925_60s_info: https://github.com/solverf/python/blob/master/PQ_1933925_60s_info
• PQ_EEM_60s_info: https://github.com/solverf/python/blob/master/PQ_EEM_60s_info
• PQ_SPY_60s_info: https://github.com/solverf/python/blob/master/PQ_SPY_60s_info
• PQ_US10YTeX_60s_bond: https://github.com/solverf/python/blob/master/PQ_US10YTeX_60s_bond
• PQ_XAGe_60s_info: https://github.com/solverf/python/blob/master/PQ_XAGe_60s_info
• PQ_XAUe_60s_info: https://github.com/solverf/python/blob/master/PQ_XAUe_60s_info

(the Infringing Publications)
The entire repository is found in the following location: https://github.com/solverf/python.git
For the reasons outlined above, Tibra requests GitHub takes down all of the Infringing Publications immediately, as they constitute a clear violation of Tibra’s intellectual property rights.
Would you please advise Tibra as soon as practicable of whether this requested action has been undertaken?

Infringer’s contact details
We understand the infringer is [private], in collaboration with [private]. We understand [private] can be contacted by email on: [private]

Publication of Takedown Notice
Due to the sensitivity of our copyrighted material, and the potential for further unauthorised distribution or use by third parties, we request this takedown notice not be published by GitHub until the copyrighted information is removed. We also request all personally identifiable information be removed prior to publication.

Confirmations
I have read and understand GitHub’s Guide to Filing a DMCA Notice. I also 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 authorized to act on behalf of the owner, of the an exclusive right that is allegedly infringed.

If you have any questions or concerns, please do not hesitate to contact me on the details below.

[private]
Tibra Capital

Direct: [private]
Email: [private]