4.2 KiB
Are you the copyright holder or authorized to act on the copyright owner's behalf?
Yes, I am the copyright holder.
Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?
No
Does your claim involve content on GitHub or npm.js?
GitHub
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
A github user (edwardsryan113) executed a contract with our company via [private]. After the contract was executed, we shared our github repo with him. The next day, we were notified that [private] was locking his account for unspecified TOS violations and asked us not to communicate with (or send payment to) the user. He then directly demanded $300 to be paid outside of [private] (for time he spent setting up his env) and threatened to publish our code if we didn't pay. We did not pay, and he has since put our code on your servers.
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.
The code that he has published is the code for the API portion of an app we are developing at ottopay.io. It is essentially python code (with ponyorm and falcon framework components) that forms the backbone of our proprietary API. The code has not been published publicly anywhere (until now), and the app has not yet been released, as we are still in pre-release for our product. It has long been hosted at github under: [private] (This is the repo that our company uses and should be left in place)
The user has no rightful claim to the code. It was shared with him in hopes that he could contribute development. Because he violated [private]'s TOS, [private] required that we discontinue working with him the day after he started. Once he was locked out of the [private] system, he then demanded payment via ACH which we refused to pay.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
The offending repo at:
https://github.com/edwardsryan113/otto-proj
should be removed. This is the repo that was created by [private] today and is intended as retribution for [private] locking him out of their system.
Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our Complaints about Anti-Circumvention Technology if you are unsure.
No
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.
I do not know what forks may exist in this repo.
Is the work licensed under an open source license?
No
What would be the best solution for the alleged infringement?
Reported content must be removed
Do you have the alleged infringer’s contact information? If so, please provide it.
The contact information we have for the offender is:
[private]
[private]
[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, or its agent, or the law.
I have taken fair use into consideration.
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 have read and understand GitHub's 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]
[private]
[private]
Please type your full legal name below to sign this request.
[private]