github/dmca
1
Fork 0
mirror of https://github.com/github/dmca.git synced 2025-06-18 08:55:43 -04:00
Code Issues Actions Packages Projects Releases Wiki Activity

Process DMCA request

Browse Source
This commit is contained in:
dmca-sync-bot 2023-06-15 17:58:09 +00:00
parent 618c2b11cb
commit 34e549dada
1 changed files with 79 additions and 0 deletions
Show Stats Download Patch File Download Diff File Expand all files Collapse all files

79
2023/06/2023-06-14-jostens.md Normal file
View File

@ -0,0 +1,79 @@
**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am authorized to act on the copyright owner's behalf.
**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?**
Yes
**Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.**
2204898
**Does your claim involve content on GitHub or npm.js?**
GitHub
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
I am an [private] for Jostens, Inc. (“Jostens”) and am authorized to act on its behalf.
**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.**
Jostens is recognized internationally as a manufacturer and producer of memorabilia. Specifically, it is known for production and sales of yearbooks, graduation announcements, class jewelry (including rings) for high schools and colleges, championship rings, apparel, photography services, and other products and services relating to commemorating momentous occasions.
Jostens contracted with Silicon Publishing, Inc. (“Silicon Publishing”) for software development for its highly confidential, proprietary yearbook development software. Under such contract, Jostens owns all intellectual property and other rights in the yearbook software code and such software code is considered confidential information. Jostens’ yearbook software code is highly confidential and proprietary and is protected by copyright and trade secret law. [private] is a former employee or contractor of Silicon Publishing employed or engaged to assist in the yearbook software development for Jostens. [private] agreement with Silicon Publishing provided that his development of the software was on a work-for-hire basis, or otherwise assigned all rights in the software code to Silicon Publishing (which then assigned the rights to Jostens), meaning he has no rights in the yearbook software code at issue. [private] employment with Silicon Publishing ended on unfavorable terms and in retaliation, he made Jostens’ confidential, proprietary software code public and continues to store such software code developed for Jostens on his personal Github account, under his Jostens repository. Both Silicon Publishing and Jostens have contacted [private] and demanded that he permanently remove the Jostens repository from his personal account, given that he is no longer employed by or engaged with Silicon Publishing, but [private] refuses to do so. [private] publicly publishing Jostens’ code on Github, threats to make such code public, and continued use and storage of Jostens’ software code violates Jostens contract with Silicon Publishing and infringes on Jostens trade secret and copyright rights in the software code.
Jostens' code is publicly available here: https://github.com/bkirolos/JostensCCExt.
We must respectfully request that you immediately remove the infringing Jostens repository from [private] Github account.
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
Jostens' code is publicly available on [private] account here: https://github.com/bkirolos/JostensCCExt
**Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice#complaints-about-anti-circumvention-technology">Complaints about Anti-Circumvention Technology</a> if you are unsure.**
No
**<a href="https://docs.github.com/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork">Have you searched for any forks</a> 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.**
No.
**Is the work licensed under an open source license?**
No
**What would be the best solution for the alleged infringement?**
Reported content must be removed
**Do you have the alleged infringer’s contact information? If so, please provide it.**
[private]
Address:
[private]
[private]
[private]
Email: [private]
**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 <a href="https://www.lumendatabase.org/topics/22">fair use</a> 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.**
**I have read and understand GitHub's <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.**
**So that we can get back to you, please provide either your telephone number or physical address.**
Norton Rose Fulbright
[private]
[private]
[private]
**Please type your full legal name below to sign this request.**
[private]