6.2 KiB
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.
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
Intel Corporation is the copyright holder. I’m an employee of Intel Corporation that has been authorized to file this takedown request.
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.
An early pre-production release of Intel software has been obtained and decompiled and posted on Github. The Github user claims it is a port of the technology for AMD systems. All license files have been replaced n his repository. These files were obtained via decompiling process and are identical toIntel's proprietary source code.
https://github.com/sbski/Cryzen
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/sbski/Cryzen
Files:
https://github.com/sbski/Cryzen/tree/main/CryoCoolingService
https://github.com/sbski/Cryzen/tree/main/CryoCoolingNotifications/CryoCoolingNotifications
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.
No other forks exist as of Nov 30. Time is of the essence.
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. The work is proprietary code that the alleged infringer seemingly decompiled and posted. It was provided to certain partners always with a proprietary license (excerpts provided below). The alleged infringer is not a partner that Intel provided the code.
LIMITED LICENSE. Conditioned on Your compliance with the terms and conditions of this Agreement, Intel grants to You a limited, nonexclusive, nontransferable, revocable, worldwide, fully paid-up license during the term of this Agreement, without the right to sublicense, under Intel’s copyrights (subject to any third party licensing requirements), to (i) internally prepare derivative works (as defined in 17 U.S.C. § 101) of the Software (“Derivatives”), if provided or otherwise made available by Intel in source code form, and reproduce the Software, including Derivatives, in each case only for Your own internal evaluation, testing, validation, and development of Intel-based products and any associated maintenance thereof; (ii) reproduce, display, and publicly perform an object code representation of the Software, including Your Derivatives, in each case only when integrated with and executed by an Intel-based product, subject to any third party licensing requirements; and (iii) distribute an object code representation of the Software, provided by Intel, or of any Derivatives created by You, solely as embedded in or for execution on an Intel-based product, and if to an end user, pursuant to a license agreement with terms and conditions at least as restrictive as those contained in the Intel End User Software License Agreement in Appendix A hereto.
LICENSE RESTRICTIONS. All right, title and interest in and to the Software and associated documentation are and will remain the exclusive property of Intel and its licensors or suppliers. Unless expressly permitted under the Agreement, You will not, and will not allow any third party to (i) use, copy, distribute, sell or offer to sell the Software or associated documentation; (ii) modify, adapt, enhance, disassemble, decompile, reverse engineer, change or create derivative works from the Software except and only to the extent as specifically required by mandatory applicable laws or any applicable third party license terms accompanying the Software; (iii) use or make the Software available for the use or benefit of third parties; or (iv) use the Software on Your products other than those that include the Intel hardware product(s), platform(s), or software identified in the Software; or (v) publish or provide any Software benchmark or comparison test results. You acknowledge that an essential basis of the bargain in this Agreement is that Intel grants You no licenses or other rights including, but not limited to, patent, copyright, trade secret, trademark, trade name, service mark or other intellectual property licenses or rights with respect to the Software and associated documentation, by implication, estoppel or otherwise, except for the licenses expressly granted above. You acknowledge there are significant uses of the Software in its original, unmodified and uncombined form. You may not remove any copyright notices from the Software.
What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?
The best solution is for removal of the code from posting, as it’s Intel proprietary code that was decompiled by the alleged infringer and posted with permission from Intel.
Do you have the alleged infringer’s contact information? If so, please provide it.
I do not have the alleged infringer’s contact information other than its Github page
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.
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Please type your full legal name below to sign this request.
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