**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.**

Phusion Holding B.V. and Phusion B.V., the owner and exclusive licensee, collectively referred to as “Phusion” is the owner of copyright of the entire Phusion Passenger Enterprise code base, also known as “Passenger Enterprise”.

**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 codebase for Passenger Enterprise, which is not open source, was accidentally uploaded to the Passenger Open Source Github repository. While the sources have been deleted from the original repository, they are still available due to caching per https://docs.github.com/en/github/authenticating-to-github/keeping-your-account-and-data-secure/removing-sensitive-data-from-a-repository. In order to clear the cache, Github requires that these forks be deleted. The repos that had their contact info available were requested to delete their forks, to which they complied. The repos with no contact info have not as of this writing, and leave us with no other option than to send them a DMCA takedown notice per Github’s own advice.

**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**

These entire repositories should be taken down as they infringe upon Phusion’s intellectual property rights:  
https://github.com/ServiceFoundation/passenger/  
https://github.com/santoshsankannavar/passenger/

**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.**

Yes, this is a/these are fork(s).

**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, it is not licensed with an open source license, and making them available is in violation of the license.

**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?**

Remove the fork, and prohibit the user from forking and/or disseminating the infringing code.

**Do you have the alleged infringer’s contact information? If so, please provide it.**

No we do not have their contact information, as no public contact info shown on repo(s)/account(s)/organization(s)

**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 <a href="https://www.lumendatabase.org/topics/22">fair use</a> 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 <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.**

**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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