dmca/2015/2015-12-01-Nezibo.md

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GITHUB DMCA TAKEDOWN NOTICE
My name is [private] and I am the [private] of NEZIBO INC. doing business as DREAMCEPTION. I
have read and understand GitHub's Guide to Filing a DMCA Notice.
A code repository that your company hosts is infringing on at least one
copyright owned by my company. Our entire proprietary source code has
been upload for our android and iOS software. This code is stolen and
was copied onto your servers without permission as a result of illegal
extortion. We will explain more in detail below and provide proof.
The original software for iOS & Android, to which we own the exclusive
copyrights, can be found at:
https://play.google.com/store/apps/details?id=nezibo.com.dreamception
http://nezibo.com/dreamception/
The unauthorized and infringing copy can be found at:
https://github.com/markpooljo/Dreamception-Android
Infringer
[private]
GITHUB NAME: markpooljo
[private]
GITHUB OR THE INFRINGER MUST REMOVE ALL FILES. GITHUB IS BEING USED AS A
TOOL OF ILLEGAL EXTORTION.
This is not only a legal case but criminal case.
Background information on infringement.
We paid this developer back in September to develop an iOS & Android
Application. We have receipts for payment and will include. We paid via
[private] as a freelancer. This developer offered to take some of
proceeds to finish the Android version. The developer disappeared for
the last two months without providing our source code. Last night, he
came back and asked us to “lend” him $7000 and he would release our
code. We explained he has no unpaid bills and is not entitled to a loan,
and he does not own our code as we have paid for it. He threated if we
do not release $7000 to him, he will be leaking our code open source. He
emailed us today links of our code online. He is using your platform as
a tool of extortion.
Proof of infringement and extortion
Proof of payment of $14,100 for development of app
[private]
Skype Message threating to leak our code if we dont send him money
[private]
First Email threating if he doesnt receive money he will take action
[private]
Second Email sending us the infringed links
[private]
This letter is official notification under Section 512(c) of the Digital
Millennium Copyright Act (”DMCA”), and I seek the removal of the
aforementioned infringing material from your servers. I request that you
immediately notify the infringer of this notice and inform them of their
duty to remove the infringing material immediately, and notify them to
cease any further posting of infringing material to your server in the
future.
Please also be advised that law requires you, as a service provider, to
remove or disable access to the infringing materials upon receiving this
notice. Under US law a service provider, such as yourself, enjoys
immunity from a copyright lawsuit provided that you act with deliberate
speed to investigate and rectify ongoing copyright infringement. If
service providers do not investigate and remove or disable the
infringing material this immunity is lost. Therefore, in order for you
to remain immune from a copyright infringement action you will need to
investigate and ultimately remove or otherwise disable the infringing
material from your servers with all due speed should the direct
infringer, your client, not comply immediately.
- 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 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.
Should you wish to discuss this with me please contact me directly.
Thank you.
I, [private], Certify this document is in good faith and am
digitally signing my consent to represent Nezibo Inc. I have attached a
digital physical signature in the link below
[private]
CONTACT INFO
[private]