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**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.
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
I work for the copyright owner, 3T Software Labs Limited.
**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.**
We sell a commercial software product, Studio 3T, the professional GUI for MongoDB. We offer a free 30-day trial which is available on our download page: https://studio3t.com/download/. After the 30-day trial, users can purchase a Core, Pro, and Enterprise license from our buy page: https://studio3t.com/buy/.
We've set up license checks at the end of the 30-day trial to effectively control access to our copyrighted material.
We've seen multiple GitHub projects that have circumvented these license checks by manually tweaking the 30-day trial timestamps and bypassing the license checks, or publishing step-by-step instructions on how to do so. This is in violation of our software's End User License Agreement.
"The Customer is entitled to a 30 day free trial of the Software (other than NonCommercial Edition Software Software) for the purposes of deciding whether or not the Software meets its requirements (“Evaluation Period”)."
"Before or upon expiry of the Evaluation Period: "If the Customer decides that the Software does not meet its requirements, or otherwise does not wish to enter into a paid up Subscription, then the Customer shall destroy the Software and all copies, in any form including partial copies or modifications of the Software received from the Supplier or made in connection with this Subscription and all Documentation relating thereto. Any rights granted to the Customer to use the Software shall cease."
You can find our full EULA here: https://files.studio3t.com/eula/eula.pdf
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
1. Github user yrambler2001 provides a Studio 3T license patch, disguised as "an educational project to show how to patch Java bytecode".
This has been forked by 4 others:
[invalid]
[invalid]
[invalid]
[invalid]
2. The same Github user yrambler2001 builds upon this patch to provide files and instructions to circumvent the Studio 3T license check:
https://github.com/yrambler2001/studio-3t-keygen/
This has been forked by 9 others:
https://github.com/abccyz/studio-3t-keygen
https://github.com/bluegatar/studio-3t-keygen
https://github.com/CrackBackup/studio-3t-keygen
https://github.com/crapthings/studio-3t-keygen
https://github.com/droid-Q/studio-3t-keygen
https://github.com/esinker/studio-3t-keygen
https://github.com/lytieudao/studio-3t-keygen
https://github.com/mahmoudkandeel/studio-3t-keygen
https://github.com/sahmmie/studio-3t-keygen
3. Github user toihocweb provides instructions to reset the free 30-day trial:
https://github.com/toihocweb/studio-3t-reset-trial
This has been forked by another user:
https://github.com/zhonggithub/studio-3t-reset-trial
4. Github user bargach-omar also provides instructions to reset the trial on Linux:
https://github.com/bargach-omar/studio-3t-trial-linux
This has been forked by 3 others:
https://github.com/FerX/studio-3t-trial-linux
https://github.com/liugang/studio-3t-trial-linux
https://github.com/MattiaPette/studio-3t-trial-linux
5. Github user varandrew provides a crack version of Studio 3T:
https://github.com/varandrew/studio-3t-crack
**Have you searched for any forks 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.**
Yes, they have been indicated in the previous field.
**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**
All users are violating our software's End User License Agreement: https://files.studio3t.com/eula/eula.pdf
"The Customer is entitled to a 30 day free trial of the Software (other than NonCommercial Edition Software Software) for the purposes of deciding whether or not the Software meets its requirements (“Evaluation Period”)."
"Before or upon expiry of the Evaluation Period: "If the Customer decides that the Software does not meet its requirements, or
otherwise does not wish to enter into a paid up Subscription, then the Customer shall destroy the Software and all copies, in any form including partial copies or modifications of the Software received from the Supplier or made in connection with this Subscription and all Documentation relating thereto. Any rights granted to the Customer to use the Software shall cease."
**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**
We would appreciate it if all instructions, repositories, files, forks, and GitHub.io posts that relate to hacking/cracking our software (Studio 3T) are removed from GitHub.
**Do you have the alleged infringer’s contact information? If so, please provide it.**
No.
**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.**
[private]
[private]
[private]
**Please type your full legal name below to sign this request.**
[private]

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Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md).
---
**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am the copyright holder.
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
We own copyright for commercial product https://argentotheme.com/
**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.**
Please check https://github.com/dhirajkumar41/dzprojectTheme. This is code of our product https://argentotheme.com/
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
It should be either set private https://github.com/dhirajkumar41/dzprojectTheme.
**Have you searched for any forks 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? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**
No, https://argentotheme.com/license/
**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**
Set repository private
**Do you have the alleged infringer’s contact information? If so, please provide it.**
**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.**
+[private]
**Please type your full legal name below to sign this request.**
[private]

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Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md).
---
**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am the copyright holder.
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
Odoo Proprietary License v1.0
This software and associated files (the "Software") may only be used (executed,
modified, executed after modifications) if you have purchased a valid license
from the authors, typically via Odoo Apps, or if you have received a written
agreement from the authors of the Software (see the COPYRIGHT file).
You may develop Odoo modules that use the Software as a library (typically
by depending on it, importing it and using its resources), but without copying
any source code or material from the Software. You may distribute those
modules under the license of your choice, provided that this license is
compatible with the terms of the Odoo Proprietary License (For example:
LGPL, MIT, or proprietary licenses similar to this one).
It is forbidden to publish, distribute, sublicense, or sell copies of the Software
or modified copies of the Software.
The above copyright notice and this permission notice must be included in all
copies or substantial portions of the Software.
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
IN NO EVENT SHALL THE AUTHORS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM,
DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE,
ARISING FROM, OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE USE OR OTHER
DEALINGS IN THE SOFTWARE.
**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.**
https://apps.odoo.com/apps/themes/14.0/theme_twelve_bizople
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
https://github.com/itsyahyaa/BoqolSoon/tree/master/theme/theme_twelve_bizople
**Have you searched for any forks 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.**
Yes we have found 1 Forked as well.
https://github.com/nipsalvin/BoqolSoon
**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**
No, it's a proprietary licence.
**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**
Take down the repository from the public.
**Do you have the alleged infringer’s contact information? If so, please provide it.**
No, we don't have any contact infomation.
**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.**
[private]
**Please type your full legal name below to sign this request.**
[private]

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Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md).
---
**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am the copyright holder.
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
I am a main contributor to a private repository [private], where I was the main and only creator of content. You can simply see by looking who created content there.
**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.**
The (private) repository does not contain any licensing, so I believe content I created there are also owned by me, even after being removed from the org/repo.
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
[private]
Since I cannot access the repository anymore, I can just say that there are folders inside that I created and content is affected:
Folder valheim-server-pve-hard -> and/or content from there being transferred to other folders
Folder valheim-server-pve-testing -> and/or content from there being transferred to other folders
Folder valheim-server-houlgate2 -> since many of the contents are just plain copies from the content I created in the other folders
**Have you searched for any forks 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.**
I am not aware if the private forks exist that were created after I was removed
**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**
No
**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**
I do not want to allow the repository owner or any other person of the organization to continue using the parts I created.
**Do you have the alleged infringer’s contact information? If so, please provide it.**
[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.**
[private]
[private]
[private]
[private]
[private]
**Please type your full legal name below to sign this request.**
[private]

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Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md).
---
**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am the copyright holder.
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
Violation of of points:
- you provide me as an original author at the bottom of page
- you remove any WisniowaSU references
[private] 2020
**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.**
Icon hasn't been changed and no attribution
https://status-4133644-qqcom.vercel.app
https://status-dusky.vercel.app
https://status-git-master-4133644-qqcom.vercel.app
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
https://github.com/adycloud/status-wisniowasu
**Have you searched for any forks 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? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**
No, this is my own license and they are violating it
**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**
Take down repository
**Do you have the alleged infringer’s contact information? If so, please provide it.**
No
**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.**
[private]
[private]
**Please type your full legal name below to sign this request.**
[private]

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Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
- offered to connect the owners of the affected repositories with [legal resources](https://github.blog/2020-11-16-standing-up-for-developers-youtube-dl-is-back/#developer-defense-fund) as part of our commitment to standing up for developers.
Note: Because the parent repository was actively being forked when this DMCA takedown notice was received, and there were no known forks at the time they submitted the takedown notice, GitHub processed the takedown notice against the entire network of 4 repositories, inclusive of the parent repository.
To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md).
---
**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am the copyright holder.
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
I own the software KeyAuth which the memory was reverse engineered in this github repository. This violates my copyright, and I request for it to be removed.
**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.**
My software, KeyAuth (https://keyauth.com/)
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
https://github.com/UnrealLord/KeyAuth-Emulator-V2
**Describe any technological measures you have in place, and how they effectively control access to your copyrighted material.**
I have end to end encryption as well as SSL pinning implemented to counter reverse engineering.
**Describe how the accused project is designed to circumvent your previously described technological protection measures.**
This project modifies the memory to circumvent my technological protection measures, therefore bypassing the login system. The repository violates my acceptable use policy as well as my copyright, and should be terminated immediately.
**Have you searched for any forks 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.**
There are no forks.
**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**
The work is not under an open source license.
**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**
Complete repository removal.
**Do you have the alleged infringer’s contact information? If so, please provide it.**
I do not have the infringer’s contact information.
**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.**
[private]
**Please type your full legal name below to sign this request.**
[private]

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Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md).
---
To Whom It May Concern:
We represent Abbott Diabetes Care Inc. (“Abbott”) in connection with its FreeStyle Libre products and the computer programs that run them. As you may be aware, Abbott is a global leader in diabetes care, providing innovative glucose monitoring solutions, including software, hardware, and digital solutions for consistent and accurate glucose monitoring. Abbott owns all intellectual property rights in and to these technologies, including its patents, copyrights, trademarks, and trade secrets.
It has come to our attention that a software project titled “DiaBox” has been uploaded to GitHub, Inc.’s (“GitHub”) website and provides unauthorized copies of software from Abbott’s LibreLink program (the “Unauthorized Software”). The latest release of the Unauthorized Software is available at the following online location: https://github.com/bubbledevteam/diabox/releases/tag/Pre-Release, but additional releases containing Abbott’s valuable intellectual property are available at the following location: https://github.com/bubbledevteam/diabox/releases. To the best of Abbott’s knowledge, the Unauthorized Software is located at the following specific locations:
· https://github.com/bubbledevteam/diabox/releases/download/2021_04_29/DiaBox_2021.04.29_113.apk
· https://github.com/bubbledevteam/diabox/releases/download/Pre-Release/Diabox_2021-08-02.apk
· https://github.com/bubbledevteam/diabox/releases/download/2021_04_06/DiaBox_2021_04_06_112.apk
· https://github.com/bubbledevteam/diabox/releases/download/2021.04.02/DiaBox_20210402_111.apk
· https://github.com/bubbledevteam/diabox/releases/download/2021.03.30/DiaBox_110_2021.03.30_1.apk
· https://github.com/bubbledevteam/diabox/releases/download/2021.03.10/DiaBox_20210310.apk
· https://github.com/bubbledevteam/diabox/releases/download/2021.03.08/DiaBox_20210308.apk
· https://github.com/bubbledevteam/diabox/releases/download/2021.03.04/Diabox_2021_03_04.apk
· https://github.com/bubbledevteam/diabox/releases/download/2021.02.06/DiaBox_20210206.apk
· https://github.com/bubbledevteam/diabox/releases/download/2021.01.11.1/Diabox_2021_01_11.apk
· https://github.com/bubbledevteam/diabox/releases/download/2021.01.08.1/Diabox_2021-01-08.apk
· https://github.com/bubbledevteam/diabox/releases/download/2020.12.02.1/DiaBox_2020-12-02.apk
· https://github.com/bubbledevteam/diabox/releases/download/Android_2020_1207/DiaBox_2020-12-07.apk
Although Abbott provides this identification, consistent with 17 U.S.C. § 512(c)(3)(A)(iii), GitHub should run a search of its networks and systems to confirm whether these files are located in any other locations, including without limitation forks of this code hosted by other users.
The creation and release of the Unauthorized Software on GitHub presents significant health and safety concerns for users of Abbott blood glucose monitoring devices. The genuine software released by Abbott under its FreeStyle LibreLink apps presents patients with interfaces to Abbott’s FreeStyle Libre Sensors, giving patients essential information related to continuous glucose monitoring. Without Abbott’s rigorous health and safety standards, the release of the Unauthorized Software puts patients in danger of receiving incorrect or incomplete information from compatible glucose monitoring hardware.
As the Unauthorized Software available at the locations identified above is used to violate Abbott’s copyrights under United States federal law, we demand that you remove and disable access to it at those locations and any other locations contained on GitHub’s servers. We also note that this code violates GitHub’s Terms of Service, which state that users “must not violate any applicable laws, including copyright” and that users must “not under any circumstances upload, post, host, or transmit any content that . . . infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.”
I have a good faith belief that the use described above is not authorized by Abbott, its agent, or the law (including the fair use doctrine). I swear, under penalty of perjury, that the information in this letter is accurate and that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also have read and understand GitHub's Guide to Filing a DMCA Notice. Thank you for your anticipated cooperation.
Nothing contained in this letter is intended as or should be construed to be a waiver of any right or remedy held by Abbott, all of which are expressly reserved.
Sincerely,
[private]
[private]
KIRKLAND & ELLIS LLP
601 Lexington Avenue, New York, NY 10022
T [private]
M [private]
F [private]
[private]
---
Dear [private],
We are in receipt of your email, but your inquiries misdescribe our letter as well as GitHub’s obligations if it seeks to benefit from the DMCA’s safe harbors. As our letter makes clear, the repositories that we have identified infringe Abbott’s LibreLink computer program. Likewise, our letter identifies the specific APKs that infringe that work in a series of bullets. Abbott is not required to do more, and GitHub should be acting to take down those APKs in response to the letter. Moreover, GitHub should be reviewing its systems and networks to identify any additional places that those APKs exist, whether in the broader Diabox repository that we identified or elsewhere. That it has been a week, and GitHub still has not done so does not satisfy its obligation to remove or disable access to the APKs expeditiously.
Furthermore, GitHub’s refusal to take action until it completes an independent inspection of the infringing code is contrary to the DMCA and also merely seeks to delay removal of the code that has been identified. In any case, even a casual review would show that the APK contains files that were directly copied from Abbott and even contain the following copyright notice: “Copyright__c__2015_Abbott_Group_of_Companies___All_rights_reserved___STRICTLY_CONFIDENTIAL___Unauthorized_reuse_of_this_code_is_strictly_prohibited__Statement.”
In any case, Abbott is not required to revise its DMCA take down notice and resubmit it to GitHub. GitHub has had Abbott’s notice for over a week, and based on the foregoing, we trust that GitHub will act immediately on Abbott’s DMCA take down notice or confirm that it does not intend to benefit from the DMCA safe harbor.
Best regards,
[private]
[private]
KIRKLAND & ELLIS LLP
601 Lexington Avenue, New York, NY 10022
T [private]
F [private]
[private]
[private]
[private]