зеркало из https://github.com/github/dmca.git
86 строки
5.4 KiB
Markdown
86 строки
5.4 KiB
Markdown
Dear [private]:
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As you know, we are outside intellectual property counsel for NNG, Kft. (“NNG”). I am
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writing to follow up on all prior correspondence written on behalf of NNG, including [private]’s prior correspondence to GitHub, and to provide an updated and supplemented version of my cease and desist letter dated February 22, 2017. This letter is intended to function as
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both a notice under 17 U.S.C. § 512(c)(3) and § 1201.
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We believe that GitHub’s requirements for a notice under 17 U.S.C. § 1201 as you set
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forth on March 1, 2017, are not supported by the statute or applicable case law. Nevertheless,
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per your request, I am providing the following information. Under penalty of perjury, we are
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authorized to act on behalf of NNG and NNG owns exclusive rights in the copyrighted works
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identified in Section 1 below. NNG has a good faith belief that the material complained of herein
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is not authorized. NNG believes that the information contained herein is accurate. My electronic
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signature is reflected below. I may be contacted through the contact information above.
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I. Copyrighted Works at Issue
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NNG is the owner of all copyrights in its iGo brand navigation software, including, without
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limitation, the following U.S. copyright registrations:
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Title of Work | Registration Number | Author | Completion Date | Registration Date
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------------- | ------------------- | ------ | --------------- | -----------------
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iGo 2008 | TX0007685142 | NNG Kft | 2007 | 5/29/2013 |
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iGo Amigo | TX0007685141 | NNG Kft | 2009 | 5/29/2013 |
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iGo Primo | TX0007685140 | NNG Kft | 2010 | 5/29/2013 |
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iGo Primo 9.6.2.202130 | TXu001912433 | NNG Kft | 2011 | 10/7/2014 |
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iGo Primo 9.6.2.209584 | TX0007926787 | NNG Kft | 2011 | 10/7/2014 |
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(Collectively, the “Copyrighted Works”).
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II. Links to GitHub Content At Issue
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Group A: The following links (along with all copies and forks of JCI_NNG_Tool.exe, nng_patcher.exe and nng_patcher.py) are software used to circumvent the digital rights management of NNG software through: (1) removal of hardware key detection in the navigation executable; (2) removal of the check to determine whether the content is licensed; and (3) removal of protections ensuring driver safety and legal compliance.
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https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/tools/JCI_NNG_Tool
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https://github.com/Trevelopment/MZD-AIO-TI/tree/master/tools
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https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/tools/nng_patcher ((1) and (2) only)
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https://github.com/diorcety/mazda3/tree/master/nng ((1) and (2) only)
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Group B: The following links are to information for circumventing digital protections of NNG software on head units:
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https://github.com/Siutsch/AIO---All-in-one-tweaks/blob/master/choose/docs/Mazda%20Navigation%20Instruction%20Rev.2.pdf
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https://github.com/DaveX81/mazdaMZDTweaks
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https://github.com/diorcety/mazda3/wiki/NNG-Speedcam-patching
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https://github.com/diorcety/mazda3/wiki/NNG-CID-patching
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Group C: The following links are to illegal copies of NNG code and data files:
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https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/config_all/speedcam-patch/color/_skin_jci_bluedemo.zip
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https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/config_all/speedcam-patch/jci/nng
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https://github.com/Siutsch/AIO---All-in-one-tweaks/blob/master/choose/config_all/speedcam-patch/jci/nng/project_config/igo9.ini
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III. Legal Bases for Demand
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GitHub’s distribution of the foregoing code violates the Copyright Act of 1976, 17 U.S.C.
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§ 101 _et seq._, including § 501. GitHub’s conduct also violates the anticircumvention provisions
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of the Digital Millennium Copyright Act, 17 U.S.C. § 1201. Specifically, among other violations,
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GitHub is offering to the public, providing, or otherwise trafficking in technology, a product,
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service or component thereof that is, among other things, primarily designed or produced for the
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purpose of circumventing a technological measure that controls access to the Copyrighted
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Works or protection afforded by a technological measure that effectively protects NNG’s rights
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in the Copyrighted Works. _See_ 17 U.S.C. § 1201(a)-(b). As a result, GitHub is subject to liability
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for actual damages, statutory damages, and attorneys’ fees and costs, as well as injunctive
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relief. _See_ 17 U.S.C. § 1203.
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IV. Demand
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NNG hereby demands that GitHub immediately disable or remove access to content
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located at the links identified above. NNG further demands that GitHub: (a) provide us with a
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report by March 10, 2017, showing all downloads and views of the subject code and
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instructions, including the user names, contract information, and IP addresses; (b) preserve all
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evidence relating to the subject code; and (c) provide us by March 10, 2017, with a written
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explanation of GitHub’s legal position.
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This is NNG’s final attempt to obtain GitHub, Inc.’s compliance prior to filing a federal
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lawsuit against GitHub. If GitHub does not disable or remove access to the content listed at the
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links above by 5:00 p.m. PST on Monday, March 6, 2017. NNG will file a federal lawsuit
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against GitHub. We hope to avoid taking this action, but, at this point, GitHub is leaving us with
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no reasonable alternative.
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NNG expressly reserves all of its rights and remedies. Nothing herein should be
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construed as a waiver.
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Sincerely,
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[private]
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Lewis Roca Rothgerber Christie LLP
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