Re: Code Enabling Unlawful Circumvention of Xbox Music DRM 

Dear [private]: 

We represent Microsoft Corporation in intellectual property litigation matters. I am 
writing in response to your most recent email to [private] regarding Microsoft’s request that 
GitHub remove or disable access to the materials currently available at the following URL: 

https://github.com/Zumicts/Audiotica/tree/develop. 
 
To clarify, because Microsoft is not the copyright owner of the works at issue, it is not 
submitting a takedown notice pursuant to 17 U.S.C. § 512(c). Instead, as Gareth’s previous 
email explained, Microsoft is requesting that GitHub remove or disable access to the code at the 
above URL because it violates Microsoft’s rights under the anti-circumvention provisions of the 
Digital Millennium Copyright Act (“DMCA”). See generally 17 U.S.C. § 1201. 

Specifically, this code violates Section 1201(a)(2)(A) of the DMCA in that it allows users 
to circumvent a technological measure that effectively controls access to copyrighted works by 
facilitating the unauthorized conversion of songs streamed via Xbox Music into DRM-free MP3s 
that can be easily shared online. See id. § 1201(a)(2)(A). In addition, the webpage at the above 
URL markets this code for the express purpose of such circumvention in violation of 
Section 1201(a)(2)(C), advertising it as a “Free music downloader powered by Xbox Music, VK 
and Soundcloud. (Windows Phone/PC 8.1).” See id. § 1201(a)(2)(C). By continuing to make 
this material available to users, GitHub is subject to the remedies provided in 17 U.S.C. § 1203. 
 
In response to your question about the resulting injury to Microsoft, Xbox Music is a 
commercial music streaming service offered by Microsoft on Windows 8, Xbox, iOS, Android, 
and over the web. (For further information, please see http://www.xbox.com/music.) As part of 
Microsoft’s agreements with the copyright owners of the songs included in the service, Microsoft 
has both authorization from and an obligation to those copyright owners to control access to their GitHub 
works by employing an effective DRM system. Microsoft is thus injured by the code currently 
available on GitHub in that it jeopardizes Microsoft’s ability to honor its commitments to its 
Xbox Music partners and more generally threatens Microsoft’s significant investment in the 
Xbox Music service. 
 
Finally, please note that the notice requirements set out in Section 512(c)(3) of the 
DMCA are not applicable to notifications regarding violations of Section 1201. Nonetheless, in 
the interests of securing GitHub’s prompt action, I confirm upon penalty of perjury that the 
information in this notification is accurate; that I am authorized to act on behalf of Microsoft in 
this matter; and that I have a good-faith belief that none of the above-identified materials or 
activities posted on GitHub have been authorized by Microsoft, its agents, or the law. 

Microsoft once again renews its request that GitHub remove access to the material 
described above and thereby prevent its further unlawful distribution. 

Very truly yours, 

[private]
