dmca/2017/2017-06-26-BOA.md

4.8 KiB

GitHub;

I have sent two messages through your DMCA form; the one copied here is the latter. As per your 'Takedown Notice' link, I would like to now alert your team since we have found more unauthorized uploads regarding this matter. The links corresponding to this user are unauthorized uploads of Bank of America source code. We have come to understand the user to be a recently separated employee; regardless, no employee, current or past, or anyone has the authorization to upload Bank of America source code anywhere. Anyone doing so is in violation of copyright infringement. All the links in question have been placed at the bottom of this email under the copied letter to DMCA for your review.

I noticed this behavior infringes upon your Terms of Service: Section C Acceptable Use, Section 2, Content Restrictions, last line: "You agree that you will not under any circumstances upload content that: infringes on any proprietary right of any party." The user worked for Bank of America so they do not have exclusive rights to the code. Is there anything on your end that can confirm if this content has been accessed or downloaded and how many times?

We appreciate your assistance in resolving this matter. Please do not hesitate to contact me if I can be of any assistance or answer any questions.

Are you the copyright owner or authorized to act on the copyright owner's behalf?
Yes, I have been authorized to act on behalf of the copyright owner.

Please provide a detailed description of the original copyrighted work that has allegedly been infringed. If possible, include a URL to where it is posted online.
https://github.com/korman3/kdb
https://github.com/korman3/kdb/tree/master/util/baml.pdf
https://github.com/korman3/kdb/tree/master/util/tk.zip

What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:
Repository: https://github.com/korman3/kdb

Have you searched for any forks of the allegedly infringing files or repositories? Each fork is a distinct repository and must be identified separately if you believe it is infringing and wish to have it taken down.

Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?
No, this infringes upon your Terms of Service as I've stated before. The content is the property of Bank of America. No employee, past or current, or anyone, is authorized to upload Bank of America content anywhere.

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

Do you have the alleged infringer's contact information? If so, please provide it:
No, only the links provided. We are not authorized to disclose the Person of Interest's information.

Type (or copy and paste) the following statement: "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 have taken fair use into consideration."
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 have taken fair use into consideration.

Type (or copy and paste) the following statement: "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."
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.

Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/

Confirm. Will send an email notification if no response is received tonight.

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

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

hxxps://github.com/korman3/kdb
hxxps://github.com/korman3/kdb/tree/master/util/baml.pdf
hxxps://github.com/korman3/kdb/tree/master/util/tk.zip
hxxps://github.com/korman3/env1/commit/b86c0c05ec81167c13125f1514fecf0bfba4e89
hxxps://github.com/korman3/kdb/blob/master/odbc/odbc.ini - specific reference lines 22-24
hxxps://github.com/korman3/Env1/blog/master/.profile - specific reference line 3, 27, 31
hxxps://github.com/korman3/kdb/tree/master/util/admin.q - specific reference line 231 232