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](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).

To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md#anatomy-of-a-takedown-notice).

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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?**

Yes

**Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.**

1234567

**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 the [private] and [private] of Velasa Sports, Inc. Our Terms of Service govern the use of our products.

https://sparxhockey.com/pages/terms-of-service

**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.**

GitHub user providing unauthorized access tools and instructions to access DMCA covered software code that authenticates products. These tools enable users to unlock and provide unauthorized access which compromises safety and security of users.

Dear GitHub Support Team,

We are writing to report copyright infringement under the Digital Millennium Copyright Act (DMCA) and to formally request the immediate removal of content hosted on GitHub. This content not only violates our intellectual property rights but also breaches GitHub’s Acceptable Use Policies. Specifically, a user on your platform has posted unauthorized instructions and tools that enable others to unlock our secure products, Sparx Hockey Skate Sharpeners and related accessories.

Sparx Hockey Skate Sharpeners are tools used by consumers and professionals to sharpen the blades of ice skates. These tools have high-speed moving parts. These tools are tested and covered by international product safety standards.

The GitHub user MarkusBernhardt is explaining on your website how to sniff encrypted security passwords and alter them to access and operate our products in a manner inconsistent with our Terms of Service. This includes providing tools and detailed instructions for rewriting and bypassing our security measures. This user also supplies layouts of encrypted data stored on our product. The above information can be used by others to enable unsafe operation of our products.

Such activity compromises not only our intellectual property but also poses significant safety risks to users operating the system after those security measures have been circumvented.

Under the Sparx Hockey Terms of Service, users expressly agree not to:  
“disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Service.”

Additionally, this activity violates GitHub’s policy, which prohibits:  
• “You may not use GitHub to violate the law, including by distributing malicious software or unauthorized access tools.”1  
• “You may not post any content that infringes any third-party’s intellectual property or privacy rights.”1

We respectfully request that GitHub:  
• Immediately remove the infringing content from your platform as part of this DMCA takedown notice.  
• Investigate the user’s activity and take appropriate measures, including banning the user, to prevent further violations.

For your reference, the infringing content can be found at the following URL:  
https://github.com/MarkusBernhardt/ReSparker

I hope this email helps you understand the seriousness of the actions that GitHub has already taken by permitting this user’s content, which is in violation of GitHub’s Acceptable Use Policy, to be published on your site.

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I 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.

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 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.

Should you wish to discuss this with me please contact me directly at the contact information provided below.

[private]  
[private]  
Velasa Sports, Inc. d.b.a. Sparx Hockey  
[private]  
[private]  

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

https://github.com/MarkusBernhardt/ReSparker

**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?**

What the technical measures are;  
Encrypted software code (including access codes)  
Redundant counters, encryption algorithms  
Software is communicating wirelessly on physically moving hardware

How they effectively control access to the copyrighted material;  
Make it nearly impossible for unauthorized access

How the accused project is designed to circumvent their previously described technological protection measures.  
GitHub project provides copies of our software and detailed instructions on how to get around our anti-circumvention technology via hacking methods.

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

GitHub project provides copies of our software and detailed instructions on how to get around our anti-circumvention technology via hacking methods.

**<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, none found yet.

**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.**

[private]  
[private]  
[private]  
[private]  

**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]  
Velasa Sports, Inc. d.b.a. Sparx Hockey  
[private]  
[private]  

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

[private]  
