Process DMCA request

2023/02/2023-02-10-bmw.md

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+GitHub, Inc
+
+Attn: DMCA Agent
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+[private]
+
+[private]
+
+ 
+
+               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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+ 
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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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+ 
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+Among other works, BMW is the owner of the copyrights in its proprietary content called “BMW INPA” 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.  BMW INPA software has a modular design consisting of a diagnosis module (INPA), a coding module (NCS Expert), an expert coding module (ToolSet32) and a programming module (WinKFP).  BMW does not offer this content for reproduction purposes or for distribution in any manner, including as online downloads. 
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+  
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+An example of the copyright notice for the most recent version of INPA can be seen here, which is a screenshot from the software:
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+[private]
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+
+
+In response to a successful takedown concerning the user and content on [private], GitHub made BMW aware of the existence of a list of forked repositories at 
+https://github.com/APiZFiBlockChain4/bmw-advanced-tools/network/members, which is offering proprietary BMW vehicle software content, referred to in GitHub as “Advanced Tools.”   We believe in good faith believe this is an unauthorized reproduction of source code from the Work.   We have investigated and analyzed the forked repository, and, based on a representative number of files in the forks that we reviewed, we believe that all or most of the forks (linked below) are infringing to the same extent as to the parent repository:
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+https://github.com/alexmieila09/bmw-advanced-tools  
+https://github.com/bl4cklabel88/bmw-advanced-tools  
+https://github.com/bocamobile/bmw-advanced-tools  
+https://github.com/haithamkhedre/bmw-advanced-tools  
+https://github.com/Ludo31620/bmw-advanced-tools  
+https://github.com/MasterCodeIT/bmw-advanced-tools  
+https://github.com/mushitaro/bmw-advanced-tools  
+https://github.com/park671/bmw-advanced-tools  
+https://github.com/SerdarARIKAN/bmw-advanced-tools  
+https://github.com/unixboy/bmw-advanced-tools  
+https://github.com/ViniciusWovst/bmw-advanced-tools  
+https://github.com/virtzilla/bmw-advanced-tools  
+
+
+In fact, all of the above forks include the following proprietary BMW vehicle software content under the name “BMW Advanced Tools,” which is exclusively owned by BMW:
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+- INPA  
+- Bluetooth Activation Tool  
+- BMW Coding Tool  
+- Find ECU  
+- NCS Dummy  
+- NCSExpert  
+- Tool32  
+- WinKFP  
+ 
+
+Moreover, in each fork linked above, the updated ECU loader named MSD80 Version 2.023 links to another website, which features the INPA name on this site:
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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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+ 
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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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+ 
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+Regards,
+
+[private]
+ 
+
+[private]
+
+[private]  
+JONES DAY® - One Firm Worldwide®  
+[private]  
+[private]  
+Office [private]