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

To Whom it May Concern:

We are intellectual property counsel to Chegg Inc. ("Chegg"), a leading nationwide source of online education and tutoring services. Through its website, available at the URL http://www.chegg.com, Chegg provides students access to, among other things, proprietary educational materials protected by United States Copyright law (collectively, the "Protected Works"). Specifically, Chegg's successful and highly profitable "Chegg Study" service allows students to access written step-by-step guided solutions to textbook problems, and then to confer with experts and tutors regarding those solutions, in order to improve study habits and classroom outcomes. Access to the Chegg Study service is limited to registered users with a paid subscription.

We are writing to this address because it is identified as the appropriate address for DMCA notices on the GitHub.com website (https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/). We have read and understand GitHub's Guide to Filing a DMCA Notice.

Our client recently became aware that a repository on the GitHub.com website contains what appear to be unauthorized copies of Protected Works taken from the Chegg.com website. The entire repository located at https://github.com/ogarci5/solutions infringes Chegg's copyright in the Protected Works ("Infringing Repository"). Specifically, the Infringing Repository duplicates Chegg's software code containing solutions to study problems from the textbook An Introduction to Analysis 4th Edition.

Attached to this email are five exhibits:

** Exhibits A and B consist of screenshots from the Infringing Repository showing unlawful copying of Chegg's code related to An Introduction to Analysis, 4th Edition Chapter 3.1, problem 9E. The CHEGG.COM trademark and the www.chegg.com source URL are both clearly visible in the unlawfully copied code.

** Exhibit C shows that the source URL referenced in Exhibits A and B redirects to a live page on the Chegg.com website.

** Exhibit D consists of screenshots showing that the Infringing Repository consists solely of unlawful copies of code for numerous chapters and problems.

** Exhibit E consists of a screenshot of the GitHub.com profile of the creator of the Infringing Repository. The creator is identified as [private] (screenname: ogarci5; email address: [private]).

The user must delete the entire Infringing Repository to remedy the infringement.

The copied content published on the Infringing Repository was uploaded in violation of GitHub's Terms of Use, which requires that users only submit content that they have the right to post. Chegg did not grant User ogarci5 the right to copy and reproduce its code. Moreover, the Protected Works are copyrighted material protected by Federal Copyright law, so the reposting of unauthorized copies violates the U.S. Copyright Act of 1976, 17 U.S.C. § 101 et seq.

As the service provider responsible for the Infringing Repository, please let this letter serve as formal notice that Chegg seeks to have GitHub, Inc. act "expeditiously to remove, or disable access to, the [infringing] material[.]" 17 U.S.C. § 512. In particular, Chegg asks that GitHub, Inc. immediately prevent access to the Infringing Repository. Further, Chegg requests that GitHub, Inc. preserve any and all information related to the Infringing Repository and user information associated with the Infringing Repository, including the name, email address, and IP address associated with the GitHub.com user, as such information may be subject to Federal subpoena under 17 U.S.C. § 512.

We ask for the courtesy of your response to this letter within two business days. If we do not hear from you, our client reserves the right to take appropriate action to protect its rights. At this time, we are willing to accept a return email by a representative that can lawfully bind GitHub, Inc. as confirmation that you agree to the above terms, in which event Chegg will consider the matter closed with respect to you.

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 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.

Sincerely,

[private]

Foley & Lardner LLP   
321 North Clark Street | Suite 2800  
Chicago, IL 60654-5313  
[private]
