September 6, 2016
Via Electronic Mail
GitHub, Inc.

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/plywood.

This project infringes the copyright of Metamarkets Group, Inc. in its
facetjs software, a proprietary repository hosted privately at
[private].

[image: Inline image 1]

Facetjs was developed by Metamarkets and Metamarkets holds the copyright
thereto.

Plywood copies and infringes facetjs.

A review of Plywood’s “updated legals” (https://github.com/implydata/
plywood/commit/62af7c8b9ae0650c88117a6d0aa7729b5a4ef56f ) admits this
copying, literally describing Plywood as “copyright, Metamarkets”:

“Portions of this software were originally based on facetjs, copyright (c)
2015, Metamarkets Group Inc.”

“Copyright 2012-2015 Metamarkets Group Inc.”

Imply Data purports to have an Apache 2.0 license to copy facetjs in the
Updated Legals folder. However, that purported license is null and void.
That Apache 2.0 license to facet.js was procured through fraudulent
statements and omissions of Imply Data’s officers while they were employed
at Metamarkets. Metamarkets has since discovered the fraud, taken the
facet.js repository private as of July 19 2016, and ceased offering any
version of facet.js to anyone under an Apache 2.0 license.

In addition, Imply Data breached the material terms of the Apache 2.0
license by failing to comply with the redistribution conditions of the
Apache 2.0 license, such as Paragraph 4(b) which requires the user to
“cause any modified files to carry prominent notices stating that You
changed the files.”

On July 11, 2016 Metamarkets informed Imply Data that its use of facet.js
code was unauthorized, but Imply Data persisted in its infringement. On
August 19, 2016 Metamarkets reiterated that point to Imply Data, including
that any Apache 2.0 license Imply Data may have had was expressly revoked.
See TVT Records v. Island Def Jam Music Group, 412 F.3d 82, 92-93 (2d Cir.
2005) (fraudulently induced license may be rescinded); Lulirama Ltd., Inc.
v. Axcess Broadcast Servs., Inc., 128 F.3d 872, 882 (9th Cir. 1997)
(copyright licenses that are not supported by consideration may be
revoked); see also 3 Nimmer on Copyright § 10.15 [A] (6th ed. 1978)
(“Rescission may also be based on fraud in the inducement”). Imply’s
infringement nevertheless continued. Metamarkets’ DMCA notice to Github
followed on August 24, 2016.

The following screenshots illustrate the identical or nearly identical
structure, sequence and source code between Metamarkets’ facetjs and Imply
Data’s Plywood.

● src/ directory listing -- Metamarkets’ facetjs (private repository)
on left, and Imply Data’s Plywood on right, with substantially similar file
and subdirectory names.

[image: Inline image 3]

● src/datatypes subdirectory -- Metamarkets’ facetjs (private
repository) on left, and Imply Data’s Plywood on right, showing largely
identical subdirectory structure.

[image: Inline image 4]

● src/datatypes/range.ts - An example file in this directory,
Metamarkets’ facetjs on left, Imply Data’s Plywood on right, showing
identical function names and line-for-line code.

[image: Inline image 5]

● docs/introduction.md – Imply Data’s Plywood initial commit on left,
Metamarkets’ facetjs on right. The only differences in these two files is
that the word “plywood” has been substituted at every occurrence of
“facet.js.”

[image: Inline image 6]

● docs/plySQL.md and docs/fSQL.md - Imply Data’s Plywood initial
commit on left, Metamarkets’ facetjs on right. Here the only difference in
the files is the strings ‘plySQL’ and ‘plywood’ have replaced all
occurrences of ‘fSQL’ and ‘facet’, respectively

[image: Inline image 7]

● package.json - description of the package. On left, Metamarkets’
facetjs (with other contributors listed); on right, Imply Data’s Plywood,
with contributors section removed.

[image: Inline image 8]

The entire Plywood repository must be taken down immediately in order to
prevent further infringement of facetjs, 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]
