**Are you the copyright owner or authorized to act on the copyright owner's behalf?**

Yes. [private] and I contracted [private] to work on the software in question.

**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.**

The changes made by [private] to the repository which he forked are an early version of proprietary software which we have paid [private] to create. All changes that [private] have made to that repository are infringements.

The final private product is available here: [private]

Initially, we paid [private] to fix and update the original fork of [private] owned by [private].

He was eventually paid to completely rewrite [private]'s changes and apply them onto the original repository ([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/MattWalton12/gmsv_query

**Have you searched for any forks 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. And, there are no public forks of [private] repository.

**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**

The original software, prior to contracting [private], was licensed under the BSD license. However, all changes that [private] has made in his repository are not licensed under the BSD license. Instead, the user does not have any rights to those changes. And, their copyright belongs entirely to [private] and myself.

**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?**

The most ideal solution is for GitHub to pull the repository. We have tried to get in contact with [private] privately. However, he has not been responsive. Do note: I do not believe, under any circumstance, that this infringement is intentional. I, in good faith, believe that [private] simply made the repository public by accident.

As such, I would like to request that GitHub staff do not apply any sort of penalty to [private]. Simply, I would like GitHub to intervene in pulling the repository as we have not been able to get in contact with [private] over the past few weeks.

**Do you have the alleged infringer's contact information? If so, please provide it:**

[private]

**Type (or copy and paste) the following 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, or its agent, or the law. I have taken fair use into consideration."**

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 fair use into consideration.

**Type (or copy and paste) the following statement: "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 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.

**Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/**

I have read the DMCA takedown notice submission guide.

**So that we can get back to you, please provide either your telephone number or physical address:**

[private]

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

[private]
