September 2, 2016  
Via Electronic Mail  
GitHub, Inc.  

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

Re: DMCA Takedown Notice For https://github.com/implydata/imply-pivot and
Notice of Repeat Infringer

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/imply-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.

The project at https://github.com/implydata/imply-pivot is a re-uploaded
copy of an infringing code repository Github has already taken down. This
re-uploaded copy remains infringing and it too should be taken down
immediately.

More specifically, on September 1, 2016, Github processed Metamarkets’
August 24, 2016 DMCA notice (viewable here: https://github.com/github/
dmca/blob/master/2016/2016-08-31-Facet.md and incorporated herein by
reference) regarding an infringing project known as Pivot, by taking down
the Pivot code repository. Metamarkets has since learned that within a
matter of hours after the Github takedown, the owner of the infringing
Pivot repository, Imply Data, re-uploaded a near-identical copy of the
infringing Pivot code repository. Imply Data gave the re-uploaded copy a
slightly different name (“Imply-Pivot” instead of “Pivot”), deleted the
contents of the first commit, and then combined the first 70 commits into a
brand new “Hello World” first commit — presumably to make it appear
different from the original infringing Pivot repository.

This new project (“Imply-Pivot”) is nearly identical to the taken down
project (“Pivot”) and continues to infringe Metamarkets’ copyrights in its
proprietary Facet software.

Imply-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-Pivot 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.

[image: Inline image 1]

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

[image: Inline image 2]

Imply-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 Imply-Pivot, which
Imply Data then improperly open sourced on Github. The entire Imply-Pivot
repository must be taken down immediately in order to prevent further
infringement of Facet, and further harm to Metamarkets.

In light of this repeat infringement by Imply Data, and Imply Data’s
apparent strategy of defying Github takedowns by simply re-naming and
re-uploading the infringing material, Metamarkets further requests that
Github exercise its discretion to invoke its Repeat Infringer Policy by
disabling and/or terminating the accounts of users who may infringe upon
the copyrights or other intellectual property rights of GitHub and/or
others.

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]
