3.1 KiB
Re: Code Enabling Unlawful Circumvention of Xbox Music DRM
Dear [private]:
We represent Microsoft Corporation in intellectual property litigation matters. I am writing in response to your most recent email to [private] regarding Microsoft’s request that GitHub remove or disable access to the materials currently available at the following URL:
https://github.com/Zumicts/Audiotica/tree/develop.
To clarify, because Microsoft is not the copyright owner of the works at issue, it is not submitting a takedown notice pursuant to 17 U.S.C. § 512(c). Instead, as Gareth’s previous email explained, Microsoft is requesting that GitHub remove or disable access to the code at the above URL because it violates Microsoft’s rights under the anti-circumvention provisions of the Digital Millennium Copyright Act (“DMCA”). See generally 17 U.S.C. § 1201.
Specifically, this code violates Section 1201(a)(2)(A) of the DMCA in that it allows users to circumvent a technological measure that effectively controls access to copyrighted works by facilitating the unauthorized conversion of songs streamed via Xbox Music into DRM-free MP3s that can be easily shared online. See id. § 1201(a)(2)(A). In addition, the webpage at the above URL markets this code for the express purpose of such circumvention in violation of Section 1201(a)(2)(C), advertising it as a “Free music downloader powered by Xbox Music, VK and Soundcloud. (Windows Phone/PC 8.1).” See id. § 1201(a)(2)(C). By continuing to make this material available to users, GitHub is subject to the remedies provided in 17 U.S.C. § 1203.
In response to your question about the resulting injury to Microsoft, Xbox Music is a commercial music streaming service offered by Microsoft on Windows 8, Xbox, iOS, Android, and over the web. (For further information, please see http://www.xbox.com/music.) As part of Microsoft’s agreements with the copyright owners of the songs included in the service, Microsoft has both authorization from and an obligation to those copyright owners to control access to their GitHub works by employing an effective DRM system. Microsoft is thus injured by the code currently available on GitHub in that it jeopardizes Microsoft’s ability to honor its commitments to its Xbox Music partners and more generally threatens Microsoft’s significant investment in the Xbox Music service.
Finally, please note that the notice requirements set out in Section 512(c)(3) of the DMCA are not applicable to notifications regarding violations of Section 1201. Nonetheless, in the interests of securing GitHub’s prompt action, I confirm upon penalty of perjury that the information in this notification is accurate; that I am authorized to act on behalf of Microsoft in this matter; and that I have a good-faith belief that none of the above-identified materials or activities posted on GitHub have been authorized by Microsoft, its agents, or the law.
Microsoft once again renews its request that GitHub remove access to the material described above and thereby prevent its further unlawful distribution.
Very truly yours,
[private]