6.5 KiB
Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to make changes.
- provided information on how to submit a DMCA Counter Notice.
To learn about when and why GitHub may process some notices this way, please visit our README.
While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s).
Are you the copyright holder or authorized to act on the copyright owner's behalf?
Yes, I am authorized to act on the copyright owner's behalf.
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.
I am acting on behalf of the [private] for Vector Informatik GmbH (“Vector”), a company duly incorporated and registered in Germany and whose registered office is at Ingersheimer Strasse 24, 70499 Stuttgart, Germany. I hereby certify that I have the authority to act on behalf of Vector. Vector is a leading developer and supplier of tools and software components and services for developing embedded systems, particularly for the automotive industry.
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.
Under the URL's indicated below we identified several files which form part of a software SIP. This SIP is a package which includes
- embedded software,
- tools, and.
- other components,
all the above developed by Vector Informatik GmbH which is the holder of the exclusive rights. Under a standard agreement concluded with all our customers a license is granted only for non-exclusive use in connection with the development of, or use in ECU's (Electronic Control Units) in certain projects. This license is a commercial license, i.e. our software does not qualify as FOSS. Also, all information provided is subject to strict NDA's which won't conver a publishing of our software. Based on a customer specific number in these files we could identify the customer, which - however - does not identify in this account. We trust the account holders to be employees of, or otherwise being related to our customer. We try to get in touch with the customer but would like to take care of our IP ourselves.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/Hoblusy/discovery_tc27x/tree/master/BSW
https://github.com/Hoblusy/discovery_tc27x/tree/master/BSWMD
https://github.com/Hoblusy/discovery_tc27x/tree/master/DaVinciConfigurator
https://github.com/Hoblusy/discovery_tc27x/tree/master/Discovery_ecu
https://github.com/Hoblusy/discovery_tc27x/tree/master/Generators
https://github.com/Hoblusy/discovery_tc27x/tree/master/Misc
https://github.com/Hoblusy/discovery_tc27x/tree/master/ThirdParty
[invalid]
https://github.com/Hoblusy/discovery_tc27x/blob/master/SipLicense.lic
https://github.com/Hoblusy/discovery_tc27x/blob/master/discovery_ecu_no_compiler_optimize_for_debug.patch
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.
Yes
What technological measures do you have in place and how do they effectively control access to your copyrighted material?
Not relevant in this context, Please note that the content listed above and made available by Github was copied onto your servers without permission. Hence, this website is infringing on several copyrights owned by Vector Informatik GmbH. We seek the removal of the aforementioned infringing material from your servers. We request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.
How is the accused project designed to circumvent your technological protection measures?
Why would that be relevant? It's quite simple an un authorized use of our software and therefore a breach of an agreement which we will deal with separately with our customer licensee. Still, we take care of our proerty ourselves and wouldn't leave this to our no longer very much trusted customer.
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.
We checked and identified all relevant files as listed above
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.
No
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.
Name: [private]
Company: Vector Informatik GmbH
Address: [private]
Mail: [private]
Please type your full legal name below to sign this request.
[private]