4.5 KiB
To Whom It May Concern:
I have read and understand GitHub's Guide to Filing a DMCA Notice.
I am writing to request that Github take down the project at the following link: https://github.com/implydata/pivot.
This project infringes the copyright of Metamarkets Group, Inc. in the proprietary, interactive visualization software called Facet, described at https://metamarkets.com/2015/introducing-facet/. Facet was developed internally at Metamarkets and Metamarkets holds the copyright thereto. Facet is only available to Metamarkets customers who purchase a license to use Facet.
Pivot purportedly is owned by Imply Data. The [private] of Imply Data is [private]. Mr. [private] is a former employee of Metamarkets who had access to Facet, including its highly confidential and proprietary source code, by virtue of his employment with Metamarkets. Mr. [private] left Metamarkets’ employment in May 2015. At an unknown time in 2015, Mr. [private] joined Imply Data. Imply Data then published Pivot on Github under an Apache 2.0 open source license. Pivot’s first commit on Github includes text that literally references “Facet,” which Imply Data copied and thereby infringed, as set forth below:
Pivot also copies functions, function names, arguments, variables, and lines of code from Facet, including lines 20-353 of formatter.ts in its first public commit on July 23, 2015, available here:
This code contains at least eight functions which are identical in name, and contain identical or nearly identical lines of code, to Metamarkets’ private, proprietary dashboard repository which can be found at:
[private]
These eight functions and their corresponding code are involved in the copyrighted visual display of numbers in Metamarkets’ proprietary Facet software:
humanizeNumberWithScale
humanizeNumber
add_separators_to_number
make_humanizer
get_small_large_template
after_decimal_point_at_precision
get_after_decimal
humanizerFromData
humanizeNumbers
Pivot slavishly copies the proprietary Facet code in each of these corresponding functions. Set forth the below are screenshots showing examples of the infringing Pivot code, followed by the commit date and code line numbers of the corresponding proprietary Facet code Pivot has copied (which is contained in a private repository located at [private]). The Facet code is not pasted below in screenshot format because Github publishes all DMCA notices online, and such publication would only do further harm to Metamarkets’ proprietary rights in Facet:
● humanizeNumberWithScale
Corresponding lines of infringed Facet code: lines 79-93,
[private]
● humanizeNumber
Corresponding lines of infringed Facet code: lines 99-101,
[private]
● add_separators_to_number
Corresponding lines of infringed Facet code: lines 127-143,
[private]
· make_humanizer
Corresponding lines of infringed Facet code: lines 146-269,
[private]
● get_small_large_template
Corresponding lines of infringed Facet code: lines 344-366,
[private]
● after_decimal_point_at_precision, get_after_decimal
Corresponding lines of infringed Facet code: lines 370-400,
[private]
● humanizerFromData, humanizeNumbers
Corresponding lines of infringed Facet code: lines 402-429,
[private]
In addition to this literal code copying, Pivot also extensively copies the nonliteral elements of Facet’s structure, sequence and organization, as can be seen in the following exemplary screenshots.
Stacked Time Series View: Metamarkets’ Facet on left, Imply’s Pivot on right.
Nested Table View: Imply’s Pivot on the left, Metamarkets’ Facet on right.
Pivot is causing immense harm to Metamarkets. Facet is Metamarkets’ flagship proprietary SaaS product. Imply Data has impermissibly copied its structure, sequence and organization in the form of Pivot, which Imply Data then improperly open sourced on Github. The entire Pivot repository must be taken down immediately in order to prevent further infringement of Facet, and further harm to Metamarkets.
I have a good faith belief that use of the materials described above on the infringing web pages is not authorized by Metamarkets Group, Inc., or its agent, or the law.
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 an exclusive right that is allegedly infringed.
Sincerely,
[private]
http://www.metamarkets.com/
[private]
[private] | METAMARKETS http://www.metamarkets.com/
m [private] | t [private]
[private]