dmca/2017/2017-04-07-FoneticSolutions.md

4.6 KiB

Dear Sirs,

This written communication is official notification under Section 512(c) http://www.copyright.gov/title17/92chap5.html#512 of the Digital Millennium Copyright Act (”DMCA”), and on behalf of my Client FONETIC SOLUTIONS, S.L. I seek the removal of the below mentioned infringing material from Github's servers. (Please find our original DMCA Takedown Notice, which was submitted through Github's DMCA Form, copied below.)

We kindly request that you immediately notify the infringer (identified below) of this notice and inform him of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your servers 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.

We are providing this notice in good faith and with the reasonable belief that FONETIC SOLUTIONS righst are being infringed.

Under penalty of perjury I hereby certify that the information contained in the notification is both true and accurate, and taht I have the authority to act on behalf of the owner of the copyright(s) involved.

Should you wish to discuss this with me please contact me directly.

We look forward to your immediate action. Thank you.

[private]

Attorney-At-Law

ORIGINAL NOTICE SUBMITTED THROUGH YOUR DMCA FORM COPIED BELOW

Are you the copyright owner or authorized to act on the copyright owner's behalf?

I am [private] for FONETIC SOLUTIONS, S.L. and write to you on my Client's behalf.

What work was allegedly infringed? If possible, please provide a URL:

This complaint involves the following Github registered user: mcalavera81

His user URL at your site is the following: https://github.com/mcalavera81

The repositories that contain infringing code are the following:
component-tester-ivr
machine-learning-ivr
front-ivr
docker-artifacts-ivr
deployment-mgmt-ivr
classifier-api-ivr
compiler-service-ivr
suggestions-api-ivr
microservices-ivr

What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:

https://github.com/mcalavera81/component-tester-ivr
https://github.com/mcalavera81/machine-learning-ivr
https://github.com/mcalavera81/front-ivr
https://github.com/mcalavera81/docker-artifacts-ivr
https://github.com/mcalavera81/deployment-mgmt-ivr
https://github.com/mcalavera81/classifier-api-ivr
https://github.com/mcalavera81/compiler-service-ivr
https://github.com/mcalavera81/suggestions-api-ivr
https://github.com/mcalavera81/microservices-ivr

What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?

The code in this repositories is property of FONETIC SOLUTIONS, S.L. It is proprietary and confidential and should have never been publicly released. Removal is the only option that we deem appropriate at this time.

Do you have the alleged infringer's contact information? If so, please provide it:
Name: [private]
e-mail: [private]
Phone number: [private]

As the company's [private] 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 (Fonetic Solutions, S.L.).

Both myself and my Client (Fonetic Solutions, S.L.), have taken fair use into consideration.

I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed.

I hereby confirm that I have read Github's Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/

So that we can get back to you, please provide either your telephone number or physical address:

[private]
Attorney At Law
[private]
[private]

Please type your full legal name below to sign this request:
[private]