7.9 KiB
Are you the copyright owner or authorized to act on the copyright owner's behalf?
I am the copyright owner. The person who posted the copyrighted code publicly is a disgruntled former employee who is attempting to extort my company by doing so.
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 private repository from which the copyrighted code is taken can be found here: [private]
A former employee posted the code found in that repository to a public repository in an attempt to extort my company (see attached screenshots). This employee, [private], has indicated that he will keep the code up on a public repository until I pay him approximately $2,000. The public repository where my copyrighted code is posted could previously be found here: [disabled in previous takedown]
This code was removed as a result of my first DMCA takedown request. Since that time, it has come to my attention that [private] gave the code to several others in an attempt to put further pressure on my company. The additional repositories can be found below:
https://github.com/TokensSolution/giftcard-management
https://github.com/daankas/giftcard-management
https://github.com/jingqiming/giftcard-management
https://github.com/PrinceStar423/giftcard-management
https://github.com/TopWebGhost/giftcard-management
https://github.com/webguru103/giftcard-management
https://github.com/Webguru-Organization/giftcard-management
https://github.com/webmaxdev0110/giftcard-management
This code runs the Giftcard Manager that I (and a few contract workers) wrote for my company, CardQuiry, Inc (http://cardquiry.com/). The Giftcard Manager can be found here: https://gcmgr.cardquiry.com/. The Giftcard Manager is a piece of software that allows my company's clients to sell giftcard to the highest bidder. My clients are companies which either a) purchase giftcards with the intent of reselling, or b) instruct their customers to purchase giftcards and then sell them to fund their own accounts. This can be done either via the API or via the UI, depending on the customer's needs.
Additionally, this software includes some supporting functions such as initiating giftcard balance inquiry requests, communicating with giftcard reseller APIs, and a number of other functions.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:
The following repositories all host my copyrighted code and should be taken down:
[disabled in previous takedown] (taken down in my first DMCA request)
https://github.com/TokensSolution/giftcard-management
https://github.com/daankas/giftcard-management
https://github.com/jingqiming/giftcard-management
https://github.com/PrinceStar423/giftcard-management
https://github.com/TopWebGhost/giftcard-management
https://github.com/webguru103/giftcard-management
https://github.com/Webguru-Organization/giftcard-management
https://github.com/webmaxdev0110/giftcard-management
The code posted here has been taken without authorization from my private repository, found here: [private]
The person who posted this code no longer has access to my private repository.
The individual who posted this copyrighted code is [private], who goes by the username [private] on Github (https://github.com/webDeveloper-R). I am confident that if you examine the IP addresses of [private] and the owner of public-center, where my code is posted, they will match. Ideally, I would like to request this user banned from Github so he cannot continue to harass my company.
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.
All of the forks listed in my answer to the previous questions should be removed. They are:
https://github.com/TokensSolution/giftcard-management
https://github.com/daankas/giftcard-management
https://github.com/jingqiming/giftcard-management
https://github.com/PrinceStar423/giftcard-management
https://github.com/TopWebGhost/giftcard-management
https://github.com/webguru103/giftcard-management
https://github.com/Webguru-Organization/giftcard-management
https://github.com/webmaxdev0110/giftcard-management
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?
The code in question is not licensed, and is not intended to be used by anyone other than employees of my company.
What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?
The individual who posted my code, [private], is not permitted to post my code, regardless of any changes he may make to it. The code is not intended for use by anyone outside of my company, and I do not wish to share the code publicly. Additionally, [private] is attempting to extort my company by posting the code publicly. He demands approximately $2,000 to remove the code (see attached).
Do you have the alleged infringer's contact information? If so, please provide it:
The email address of the person who posted my code publicly is [private]. Unfortunately, since I hired [private] via [private], I do not have his physical address or phone number. [private] has indicated to me that they will share his contact information should I pursue civil or criminal charges against him.
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/
I have read and understand GitHub's Guide to Filing a DMCA Notice.
So that we can get back to you, please provide either your telephone number or physical address:
Phone:
[private]
Address:
[private]
Please type your full legal name below to sign this request:
[private]
Attached are screenshots of my most recent conversation with [private], wherein he threatens to post my code publicly if I do not pay him outside of the [private] platform. I am contractually obligated via the [private] terms of service to not pay [private] in any way that is not associated with [private]. The dispute arose because [private] suspended his account and reversed the last two payments made to him due to [private]'s association with a group who is well known to [private] for committing fraud. I did not initiate this suspension or the reversal of funds. I only learned about the actions that [private] were taking after they had been completed. I instructed [private] to dispute [private]'s actons if he wanted to get the payments back. Rather than pursuing the matter the correct, legal way with [private], he instead chose to post my code publicly online to extort my company.