To Whom It May Concern:

I have read and understand GitHub's Guide to Filing a DMCA Notice.

I am writing to request that Github take down the project at the following
link: https://github.com/implydata/pivot.

This project infringes the copyright of Metamarkets Group, Inc. in the
proprietary, interactive visualization software called Facet, described at
https://metamarkets.com/2015/introducing-facet/. Facet was developed
internally at Metamarkets and Metamarkets holds the copyright thereto.
Facet is only available to Metamarkets customers who purchase a license to
use Facet.

Pivot purportedly is owned by Imply Data. The [private] of Imply Data is [private]. Mr. [private] is a former employee of Metamarkets who had
access to Facet, including its highly confidential and proprietary source
code, by virtue of his employment with Metamarkets. Mr. [private] left
Metamarkets’ employment in May 2015. At an unknown time in 2015, Mr.
[private] joined Imply Data. Imply Data then published Pivot on Github
under an Apache 2.0 open source license. Pivot’s first commit on Github
includes text that literally references “Facet,” which Imply Data copied
and thereby infringed, as set forth below:

Pivot also copies functions, function names, arguments, variables, and
lines of code from Facet, including lines 20-353 of formatter.ts in its
first public commit on July 23, 2015, available here:

https://github.com/implydata/pivot/commit/d9f525488d51a9e3d54962bbbd7f328c3191e890

This code contains at least eight functions which are identical in name,
and contain identical or nearly identical lines of code, to Metamarkets’
private, proprietary dashboard repository which can be found at:

[private]

These eight functions and their corresponding code are involved in the
copyrighted visual display of numbers in Metamarkets’ proprietary Facet
software:

humanizeNumberWithScale

humanizeNumber

add_separators_to_number

make_humanizer

get_small_large_template

after_decimal_point_at_precision

get_after_decimal

humanizerFromData

humanizeNumbers

Pivot slavishly copies the proprietary Facet code in each of these
corresponding functions. Set forth the below are screenshots showing
examples of the infringing Pivot code, followed by the commit date and code
line numbers of the corresponding proprietary Facet code Pivot has copied
(which is contained in a private repository located at
[private]).
The Facet code is not pasted below in screenshot format because Github
publishes all DMCA notices online, and such publication would only do
further harm to Metamarkets’ proprietary rights in Facet:

● humanizeNumberWithScale

Corresponding lines of infringed Facet code: lines 79-93,  
[private]

● humanizeNumber

Corresponding lines of infringed Facet code: lines 99-101,  
[private]

● add_separators_to_number

Corresponding lines of infringed Facet code: lines 127-143,  
[private]

· make_humanizer

Corresponding lines of infringed Facet code: lines 146-269,  
[private]

● get_small_large_template

Corresponding lines of infringed Facet code: lines 344-366,  
[private]

● after_decimal_point_at_precision, get_after_decimal

Corresponding lines of infringed Facet code: lines 370-400,   
[private]

● humanizerFromData, humanizeNumbers

Corresponding lines of infringed Facet code: lines 402-429,  
[private]

In addition to this literal code copying, Pivot also extensively copies the
nonliteral elements of Facet’s structure, sequence and organization, as can
be seen in the following exemplary screenshots.

Stacked Time Series View: Metamarkets’ Facet on left, Imply’s Pivot on
right.

Nested Table View: Imply’s Pivot on the left, Metamarkets’ Facet on right.

Pivot is causing immense harm to Metamarkets. Facet is Metamarkets’
flagship proprietary SaaS product. Imply Data has impermissibly copied its
structure, sequence and organization in the form of Pivot, which Imply Data
then improperly open sourced on Github. The entire Pivot repository must
be taken down immediately in order to prevent further infringement of
Facet, and further harm to Metamarkets.

I have a good faith belief that use of the materials described above on the
infringing web pages is not authorized by Metamarkets Group, Inc., or its
agent, or the law.

I swear, under penalty of perjury, that the information in this
notification is accurate and that I am authorized to act on behalf of the
owner, of an exclusive right that is allegedly infringed.

Sincerely,

[private]


<http://www.metamarkets.com/>  
[private]
[private] | METAMARKETS <http://www.metamarkets.com/>  
m [private] | t [private]  
[private]
