Dear Copyright Agent:

We represent Battelle Energy Alliance, LLC ("BEA") in intellectual property matters. In October 2013, BEA filed suit against [private] and Southfork Security, Inc. ("Southfork") seeking to stop [private] and Southfork from any further use or publication of the program "Visdom." *See Battelle Energy Alliance, LLC v. Southfork Security, Inc., et al.,* Case No. 4:13-cv-00442-BLW (D. Idaho) ("Lawsuit"). Pursuant to a May 28, 2009 Agreement and Acknowledgement of Employment Terms dated May 28, 2009 ("Employment Agreement") between [private] and BEA, BEA has always owned all rights, title and interest in Visdom. [private]'s activities with Visdom were done without consent or approval from BEA. BEA recently settled its claims agains Southfork and [private] in the Lawsuit and reached a General Release and Settlement Agreement ("Agreement"). Pursuant to the Agreement, BEA owns all rights, title and interest, including all proprietary information, patents and copyrights in the computer programs and software under the name of "Visdom."

It has come to BEA's attention that through GitHub's online source code and software sharing platform, www.github.com (the "Infringing Website"), third parties have posted for download by the GitHub community, source code and software that these individuals or entities do not own (the "Infringers").

The infringing posts can also be found at this location: https://github.com/search?q=visdom&ref=cmdform (last viewed on May 5, 2014). GitHub's hosting of Visdom is in violation of the Digital Millenium Copyright Act.

As a facilitator of the Infringers' illegal conduct, GitHub's actions constitute contributory copyright infringement and may expose GitHub to a liability for secondary copyright infringement. Moreover, because GitHub receives a direct benefit by sharing the Visdom software, including all components, while also exercising the complete right and ability to control all activity taking place on its website, GitHub itself is also directly infringing on BEA's intellectual property rights.

As a well-known technology innovator, BEA takes the protection of its intellectual property rights very seriously, and it cannot tolerate GitHub's and its user's continued infringement. Therefore, BEA demands that GitHub immediately remove Visdom and all interfacing or plug-in modules with Visdom from the Infringing Website.

In accordance with GitHub's Takedown Policy, BEA identifies the following information to allow GitHub to identify and remove all aspects of Visdom:

1. Representative List of the Works Infringed
    
    a. Computer programs, source code and software identified and named as "Visdom," including, but not limited to any Visdom component/plug-in/modules.

2. Description of the Location of the Infringing Material

    a. Visdom is improperly offered for sharing and download at the following link: 
    https://github.com/search?q=visdom&ref=cmdform

    b. A screenshot of the Infringing Website at which Visdom is offered for sharing/download is included below:
    []

    The links containing the infringing content are as follows:
       * https://github.com/visdom
       * https://github.com/visdom/visdom
       * https://github.com/Black-Lab/visdom

3. Contact Information for BEA's Legal Representative
    
    [private]
    Holland & Hart LLP
    800 W. Main St., Suite 1750
    P.O. Box 2527
    Boise, ID 83701-2527
    Telephone: [private]
    Fax: [private]
    Email: [private]

4. Owner/Administrator of Infringing Content

    Unknown. "Contributors" to the infringing content go by the following aliases: (1) jadamcrain; and (2) traetox.

5. Good Faith Statement

    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, its agent, or the law.

6. Declaration

    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.

BEA demands that GitHub immediately and permanently delete and/or disable all access to Visdom. Please provide us with written confirmation no later than May 19, 2014, that GitHub has complied with these requests. In the absence of our timely receipt of this confirmation, BEA reserves the right to take any appropriate legal action to protect its invaluable intellectual property rights.

Thank you for your prompt attention to this matter. 

Very truly yours,

[private]

of Holland & Hart LLP

