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).

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**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 [private] at Tassomai Ltd, the owners of the copyright.

**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.**

Our original copyrighted work is a large bank of multiple choice questions and answers. We deliver these in small quizzes over time to our regular users. In a previous DMCA takedown we mentioned a user ([private]) who was infringing our copyrighted work by storing a database (in a [private] repository) of our questions and answers.
Now though, this database is also being stored by another user on github in a repo dedicated to distributing it.


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

https://github.com/weloveproxy/tassomai-database


**Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice#complaints-about-anti-circumvention-technology">Complaints about Anti-Circumvention Technology</a> if you are unsure.**

Yes

**What technological measures do you have in place and how do they effectively control access to your copyrighted material?**

In the normal course of use, our authenticated users are offered quizzes from our question bank only via a web client, i.e. the user has to be logged in to an active, paid subscription. Any user is allowed only to access material they (or their parents or school) have paid for. Nowhere is it available in bulk except to our own in-house content team via firewalled cloud-based databases and certainly not in the public domain.

**How is the accused project designed to circumvent your technological protection measures?**

The original copyright infringer ([private]) created a bot to take quizzes much faster than a 'real' user would by accessing our API directly and bypassing the web client, and by then making it publicly available, they have been able to effectively pool their efforts to draw in as many of our copyrighted questions as they can, to then store them and redistribute them to other people who download the application.

Now, the accused in this notice has extracted and used this stolen database and published it in a public repo on github.

The sole purpose of this repository is to illegally distribute our IP, and the substantive content is a database of said IP, which is why we require the entire repo, and not just parts of it, is taken down.

**<a href="https://docs.github.com/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork">Have you searched for any forks</a> 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, there are no forks we are aware of

**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.**

Only their github page https://github.com/weloveproxy

**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.**

[private]  
[private]  
[private]  

**Please type your full legal name below to sign this request.**

[private]
