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DMCA CLAIM TO CEASE AND DESIST FROM HOSTING INFRINGING REPOSITORY VIOLATING METAQUOTES LTD'S COPYRIGHTS OFFERED BY GITHUB, INC.
1. I have read and understand GitHub's Guide to Filing a DMCA Notice.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
MetaQuotes is the developer of the MetaTrader 4 (MT4) and MetaTrader 5 (MT5) online trading platform and MQL4/MQL5 software languages legal owner and/or exclusive and rightful user of all listed below intellectual property rights:
"MetaTrader". Trademarks, service marks, registration number ROSPATENT №281939, Application Number №2003726044 dated December 30th 2003;
"MetaTrader". United States Patent and Trademark Office. Trademark principal register Reg. No. 3,182,784 Registered December 12th 2006;
"MetaTrader". WIPO Certificate of Registration No 957372 Registered January 31st 2008;
"MetaTrader" (MetaTrader). ROSPATENT Certificate of official registration of computer programs №2003611699 dated July 17th 2003;
"MetaTrader" Taiwan Intellectual Property Office, Registration Certificate No. 01757255, dated March 1st 2016
"MetaTrader" Hong Kong Trademarks Registry Certificate of registration No. 303406707, dated May 13th 2015
"MT4" Trademarks, service marks, registration number ROSPATENT № 581779, Application Number №2015701958 dated January 29th 2015;
"MT4" Taiwan Intellectual Property Office, Registration Certificate No. 01758370, dated March 1st 2016;
"MT4" Hong Kong Intellectual Property Office, Certificate of Registration No. 303406680, dated February 29th 2016;
"MT4" WIPO Certificate of Registration No. 1316074, Registered August 1st 2016
"MQL4". Trademarks, service marks, registration number ROSPATENT №340878, Application Number №2006715104 dated June 6th 2006;
"MQL4". WIPO Certificate of registration N 986555 Registered October 7th 2008;
"MQL5". Trademarks, service marks, registration number ROSPATENT №432642, Application Number №2009724189 dated October 1st 2009;
"MQL5". WIPO Certificate of registration N 1023842 Registered November 10th 2009
MetaQuotes Ltd is the exclusive owner of the following websites: https://www.metaquotes.net, https://www.mql4.com, https://www.metatrader4.com, https://www.mql5.com. All materials published on these sites are copyrighted and all rights are reserved by MetaQuotes Software Corp. therefore copying or reprinting of these materials including logos in whole or in part is strictly prohibited without the written permit of MetaQuotes Ltd
All the software products, materials, logos and documentation developed by MetaQuotes Ltd are subject to international copyright law. Information about the products of MetaQuotes Ltd is available on the company's official website at https://www.metaquotes.net.
URLs of the copyrighted work in our search results:
https://www.metaquotes.net/en/metatrader4
https://www.metatrader4.com
https://www.mql4.com
https://www.mql5.com
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GitHub, Inc to locate the material.
The below infringing link posted on GitHub, Inc is violating the intellectual property of MetaQuotes Ltd as they are being used without any authorization or permission. From the below listed repository it is evident that the copyrights of our organization in the Metatrader platform are being used and MetaQuotes Ltd objects to such unauthorized use. Furthermore, please be advised that the Manager APIs are private and confidential APIs and are provided under license agreement contracts for commercial purposes. In particular, the system is hacked since the plugin offered on the below links communicates directly with the MetaTrader servers, allowing to use MetaTrader accounts without installing the MetaTrader software.
Specifically the below Infringing forked repositories are found to engange in the below violations:
The user [private] in its solution uses the means of automation and hidden access to the content of the MetaTrader 5 (MT5) web terminal software developed and owned by MetaQuotes, bypassing the original visual interface of the web terminal.
The web terminal is embedded in the original executable code of the MetaTrader 5 in order to influence the processes and modify the internal data structures of the MetaTrader 5 web terminal.
The [private]'s project illegally includes a significant part of the source code of the MetaTrader 5 web terminal, which was done in order to bypass our protection against hacking.
The author's source code of the MetaTrader 5 web terminal is being illegally distributed. The sources are distributed under someone else's MIT license - github.com/Reiryoku-Technologies/Mida-Brokerage/blob/master/package.json#L5
MetaQuotes' code is stored at github.com/Reiryoku-Technologies/Mida-Brokerage/blob/master/static/brokers/mt5/mt5.en.js
Gross violations of the terms of use of the website www.mql5.com and its services - www.mql5.com/en/about/terms
Gross violation of the EULA conditions found on: www.metaquotes.net/licenses/webterminal
Full version of the project file, containing data that affect the processes and modifications of the internal data structures of our web terminal: - https://raw.githubusercontent.com/Reiryoku-Technologies/Mida-Brokerage/master/src/core/brokers/mt5/MetaTrader5Controller.ts
MetaQuotes Ltd objects to any unauthorized disclosure of the Manager APIs or access to the Manager APIs and such disclosure or access constitutes violation of copyrights under the applicable laws.
Infringing forked repository:
https://github.com/Reiryoku-Technologies/Mida
https://github.com/Reiryoku-Technologies/Mida/network/members : including coolsnake / Mida, FMICarreiro / Mida, venomdev / Mida
4. What the affected user would need to do in order to remedy the infringement.
‌The affected users would need to permanently cease and desist the infringing repository in its entirety with all contents and materials.
5. Information reasonably sufficient to permit GitHub, Inc to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
MetaQuotes Software
P.O.Box 53786,
21 Iridos Street, Mesa Yitonia,
Limassol 4004, Cyprus
Tel: [private]
E-mail: [private]
Website: https://www.metaquotes.net
6. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
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.
7. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is 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.
8. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
[private]
[private]
MetaQuotes Ltd.