July 7, 2017  

VIA Email  

GitHub, Inc.  
Attn: DMCA Agent    
88 Colin P Kelly Jr St  
San Francisco, CA 94107  
copyright@github.com  

Re: Third Notice of Unauthorized Distribution of IBCAP Members’ Television Programming

Dear Github, Inc.

This law firm represents the International Broadcaster Coalition Against Piracy (“IBCAP”). IBCAP represents companies including ARY Digital USA, B4U U.S., Bennett, Coleman and Company Limited, Hum Network Limited, Impress Telefilm, IndiaCast US, National Communication Services, Soundview ATN, Soundview Broadcasting, Star India Private Limited, and TV Today Network (“Members”), which own or control exclusive rights under copyright to publically distribute the following channels: Aaj Tak, Aapka Colors, ARY Digital, ARY News, ATN Bangla, B4U Movies, B4U Music, Banglavision, Boishakhi, Channel-i, Dunya TV, Hum Sitaray, Hum TV, Movies OK, MTV Hindi (MTV India), NDTV 24x7, Star India Plus, and Times Now (“Protected Content”) in the United States.  As such, Members own or control exclusive rights under copyright to distribute and publicly perform via broadcast or digital transmission a vast number of motion pictures and television programs in the United States.

Under the relevant DMCA notice and takedown provisions, if a takedown request is intended to cover multiple copyrighted works (as ours does), the request need only contain a “representative list” rather than identify each and every copyrighted work at issue. 17 U.S.C. § 512(c)(3)(A)(ii).

We previously sent you correspondence on June 26, 2017  and June 28, 2017 demanding that you take immediate steps to address the extensive copyright infringement of Members’ Protected Content that is occurring by virtue of GitHub’s data hosting service, the eMedia, South-Asian Super Pack application, and the Jadoo4 set-top box. You responded by disabling access to the infringing files we identified on June 28 and then again on June 30.  Your service, however, continues to be used to host files whose only purpose is to infringe Member’s exclusive rights in the Protected Content. In fact, it appears that one or more of your users has blatantly responded to your attempts to disable access to the infringing files by creating a new and/or altering their existing GitHub account login/username and then re-uploading identical infringing files under a different account and/or a slightly altered file name.  

The continued storing of these files on your service violates GitHub’s acceptable use policy and potentially subjects you to contributory infringement liability under the Digital Millennium Copyright Act (DMCA). Pursuant to Github’s terms of service and the DMCA, you have a duty to investigate these claims of infringement and remove the following files from your service:

https://github.com/Robert1941/jadoo-eMedia-xml---Entertainment-Channel

https://github.com/Robert1941/jadoo-eMedia-xml---channels_pack

Furthermore, because this GitHub user has been identified as a repeat infringer with apparently no respect for GitHub’s terms of service or U.S. copyright law, we hereby demand that you take immediate, additional steps to address the extensive copyright infringement of Members’ Protected Content that is occurring via your hosting service. These additional measures should include implementing a policy that provides for the identification of and termination of the accounts of repeat infringers, proactively identifying and disabling access to files containing the distinctive words “jadoo” or “eMedia,” and identifying the IP addresses used by these repeat infringers and then prohibiting future use of the Github service by these addresses.

As you know, failure to reasonably implement these additional measures to prevent known, repeat infringers from continuing to use your hosting service to flout Member’s exclusive rights in the Protected Content may result in GitHub’s losing its limited liability status under the DMCA and being held liable for monetary damages for contributory copyright infringement. See BMG Rights Mgmt. (US) LLC v. Cox Commc'ns, Inc., No. 1:14-cv-1611, 2016 WL 4224964, at *1 (E.D. Va. Aug. 8, 2016) (upholding jury's award of $25 million in damages against Internet service provider Cox based on its customer's infringement of copyrights on the Cox network).

We are providing this notice based on our good faith belief that the use of television programs owned by the Members in the manner occurring via your service is not authorized by the copyright owners, their agents, or the law. The information in this notification is accurate and, under penalty of perjury, we are authorized to act on behalf of the Members, which own or control exclusive rights under copyright that are being infringed in the manner described herein. This letter is without prejudice to the rights and remedies of the Members, all of which are expressly reserved.

If you have any questions, please contact me at [private], or via email at [private].  

Sincerely,   
HAGAN NOLL & BOYLE LLC  
[private]  
Two Memorial City Plaza   
820 Gessner, Suite 940  
Houston, Texas 77024  
T: [private]    
F: [private]    
[private]    
