dmca/2017/2017-07-24-Froala.md

To:  
GitHub Inc.   
88 Colin P Kelly Jr St  
San Francisco, CA 94107  
E-mail address: copyright@github.com  

My name is [private] and I am the [private] of Froala Labs SRL, a company registered with the Romanian Trade Registry under no. J40/9792/2014, sole identification number 33504454 (the “Company”).  
The Company is the exclusive holder of all intellectual property rights over the Froala WYSIWYG (What You See Is What You Get) HTML Editor (available at the URL address: https://www.froala.com/wysiwyg-editor) and of all its components, including but not limited to source code, object code, images, design, as well as any presentation materials which are available to the public including but not limited to the website available at the URL address: http://www.froala.com/wysiwyg-editor (the “Product”).  
The Company has developed the Product continuously starting with 4 July 2013 in good faith and with due care to the rights of third-parties over any potential assets that may have been used as part of the Product. To this extent, the Product has been built integrating the following technologies and products, made available by their respective developers/companies:  
• Javascript   
• HTML  
• CSS  
• jQuery (License: https://github.com/jquery/jquery/blob/master/LICENSE.txt)  
The resulting quality of the Product has attracted high-profile customers, such Apple IBM, Samsung, eBay and others. The Product is critically acclaimed, being featured regularly on top of lists made by industry experts or blogs about the best WYSIWYG HTML Editors (e.g. https://www.sitepoint.com/10-best-html-wysiwyg-plugins/ - accessed on 15 January 2017; https://colorlib.com/wp/text-editors-for-html5-developers/ - accessed on 15 January 2017).  

The facts  
• On 3 October 2016, upon reviewing the product Jodit (the “Infringing Product”), available at the URL address: http://xdsoft.net/jquery-plugins/jodit/ and, subsequently, at the URL address: http://xdsoft.net/jodit/ (the “Infringing Product’s webpage”), we have noticed several similarities in the design of the Infringing Product’s webpage and the Product’s webpage (available at the URL address: https://www.froala.com/wysiwyg-editor).  
In order to investigate further any potential similarities between the Product and the Infringing Product, we proceeded in purchasing a Professional License version of the Infringing Product; after reviewing and comparing the source code of the Infringing Product and the one of the Product, we have identified several similarities, including certain lines of code in the Infringing Product that are identical with lines of code in the Product. The findings of this comparison can be found in document [1], at the end of this Takedown notice. In brief, since our Product is written, to a large extent, using the jQuery library, the Infringing Product rewrites the same lines of source code, largely in the same order, but using pure Javascript code. Moreover, as it is clear from one of the comments available in document [1] at the end of this Takedown notice, lines of source code which we inserted in order to address issues which arose during our development of the Product, were copied almost entirely and used in the same place in the Infringing Product’s source code.  
In addition, we have seen that, from one release of the Infringing Product to the next, the Infringing Product contains sections of source code added from the Product’s source code, adding to the infringement. In view of this statement, we are attaching, at the end of document [1], a comparison between the source code pertaining to subsequent releases of the Infringing Product, underlining the sections of source code that have been copied from the Product’s own source code.  
As a result of the above conclusions, we have tried to contact via e-mail, using the e-mail address mentioned on the Infringing Product’s website: [private], the alleged sellers and/or right holders of the Infringing Product, on various occasions (latest on 26 October 2016), asking for clarifications regarding the similarities identified and expressing our availability to further discuss in order to come up with a solution that would benefit both parties involved. To date, we have received no response from the recipient’s end. We are attaching, as Screenshots [1][2] and [3] to this Takedown notice, screenshots attesting that the recipient has read the e-mails we have sent.  
• Upon further investigation, we have come across a repository available on the website operated by GitHub Inc., found at the URL address: http://github.com, that contains assets which are part of the Infringing Product. The repository in question can be found at: https://github.com/xdan/jodit (the “Infringing Repository”), and the latest commit has been made on 9 December 2016. There is also one fork available that, to the extent implied of the contents of this Takedown notice, also contains assets which are Part of the Infringing Product – the fork can be found at: https://github.com/alex-LE/jodit (the “Infringing Fork”).  
Although the assets found in the Infringing Repository and/or Infringing Fork are available in a minified source code form (meaning that the form of the source code made available in the repository is slightly altered, by eliminating all unnecessary details in the code without changing its functionality), reviewing it lead us to the same conclusion that we identified in point 1 above, namely that the Infringing Repository contains assets of a similar or identical nature to the ones found in the source code and design elements of the Infringing Product.  
As a result, we have drafted this official DMCA Takedown notice, seeking the removal of the aforementioned infringing material from your servers.
We request that you:    
• immediately notify the infringers of this notice; to our knowledge, in case of the Infringing Repository, the e-mail address of the holder of the Infringing Repository is [private];  
• inform them of their duty to remove all the assets from the Infringing Repository and Infringing Fork immediately;  
• notify them to cease any further posting of infringing material to your server in the future.    
I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed.    
I swear, under penalty of perjury, that the information in this notification is accurate and that the Company is the copyright owner, and I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.    
I also note that I have read and understand GitHub's Guide to Filing a DMCA Notice.    
Finally, 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 (the Company), or its agent, or the law.    

We are at your disposal, should you wish to discuss and elaborate further on this matter.  

Sincerely,  

[private],  
[private], Froala Labs SRL    
E-mail: [private]  
Address: [private]