Process DMCA request

2023/02/2023-02-03-bmw.md

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+February 3, 2023 
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+Via Online Submission & Email – [private]
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+GitHub, Inc
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+Attn: DMCA Agent
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+[private]
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+[private]
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+Re: DMCA Takedown Request - Copyright Infringement
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+Dear GitHub, Inc.:
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+Further to the DMCA Takedown Notice submitted through your online form that is the subject of this ticket, I submit the following:
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+This Firm represents Bayerische Motoren Werke AG, otherwise known as BMW AG, the German manufacturer of BMW vehicles (“BMW”), as outside counsel in certain intellectual property matters.  We hereby provide notice of copyright infringement pursuant to the terms of the Digital Millennium Copyright Act (the “DMCA”) and your Terms of Service.  I have read and understand GitHub’s Guide to Filing a DMCA Notice.
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+Among other works, BMW is the owner of the copyrights in its Ediabas proprietary content for the diagnosis, repair and coding of its vehicles (the “Work”) and uses this software internally or distributes these tools to contractual partners and authorized users only for use in the diagnosis, repair, programming and coding of BMW vehicles. Ediabas provides a communication interface between various BMW diagnostic software and BMW vehicles. BMW does not offer this content to third parties for reproduction purposes or for distribution in any manner, including as online downloads.  Example of the copyright notices included in BMW’s Ediabas software and related documents are shown below, provided here as evidence of BMW’s ownership of Ediabas:
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+[private]
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+It has come to our attention that a forked repository at https://github.com/uragan1987/ediabas-sgbd is offering proprietary BMW vehicle software content, referred to in GitHub as “Ediabas-sgbd,” which we in good faith believe is an unauthorized reproduction of source code from the Work.  Indeed, this forked repository was brought to BMW’s attention by GitHub in response to successful takedown submitted concerning the user and content at [private].  We have investigated and analyzed the forked repository, and, based on a representative number of files in the fork that we reviewed, we believe that all or most of the fork is infringing to the same extent as to the parent repository.  In fact, each of the files provided by the user includes and reproduces BMW’s code and even includes the name(s) of BMW employees who created the code. The user has merely added his own name to the code by adding a copyright notice with his name at the beginning of each file and a notice that the code is (as falsely claimed by him) is free software. An example is provided here, see https://github.com/uragan1987/ediabas-sgbd/blob/master/D_00D0.B2G.  The content in that link has been attached to this email.  It includes the content from BMW, including the names of its employees and departments involved as shown below in the header information for the origin and authors of the content:
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+ [private]
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+We have a good faith belief that the use of the Work described in this letter is not authorized by BMW, any agent of BMW, or any applicable law.  I have taken into consideration fair use.  I swear, under penalty of perjury, that the information in this notice is accurate and that I am authorized to act on behalf of BMW with respect to the subject matter of this letter.
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+We have noted that there are some amendments of BMW’s code as shown with this representative file example, but the amendments include substantial portions of BMW code and in any case are unauthorized amendments of copyrighted work.
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+[private]
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+We therefore request that you remove and disable access to the forked repository, pursuant to the DMCA and your Terms of Service.  We also ask that you ensure the user refrains from future use and sharing of the Work and any other BMW materials and property.  Please contact me no later than one week from the date of this letter to confirm that the infringing material has been removed or access disabled.  I may be contacted at the email address [private] or by phone at [private].
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+Sincerely,
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+[private]  
+[private]  
+JONES DAY® - One Firm Worldwide®  
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+Office [private]  
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