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Dear DMCA Agent:
We are outside intellectual property counsel for Apple Inc. (“Apple” or “Copyright Owner”), the owner of certain copyright protected software identified below, which has been posted to GitHub.org without license. Please direct all future correspondence related to this matter to me.
On August 15, 2019, we provided notice of copyright infringement pursuant to the terms of the Digital Millennium Copyright Act (the “Act”). On August 19, GitHub responded that “it looks like the content your reporting may be sensitive or confidential as opposed to copyright.”
As explained in our August 15, 2019 letter, Copyright Owner is the owner of copyrights in the following works (the “Works”), including a detailed description of those works:
a) Apple Internal Software Tools
o Apple Internal Software Tools are internal confidential and proprietary software tools, which are not disclosed publicly. Apple’s internal confidential and proprietary software references and relies upon internal Apple resources. Our August 15, 2019 letter included excerpts of these tools to illustrate this point for the purpose of describing Apple’s original copyrighted content.
As we previously indicated, it has come to Copyright Owner’s attention that your service located at the following clickable links:
1. https://github.com/flylong0204/projects
(the “Service") displays and provides access to Copyright Owner’s Works without license and thereby infringe Copyright Owner’s copyrights in the Works.
The following is the infringing material accessible via the Services:
1. Apple Internal Software Tools, which constitutes Copyright Owner’s non-public copyright protected software code, is displayed and made available at link [1] above, such that the entire repository available at the clickable link [1] is infringing Copyright Owner’s exclusive rights in the Works, this repository includes many files referring to and accessing Apple’s internal non-public domain resources, databases, and hostnames, includes discussions about accessing Copyright Owner’s non-public software and processing resources.
We have a good faith belief that the use of the Works in the material described in this letter is not authorized by Copyright Owner, any agent of Copyright Owner, or any applicable law. The information in this notification is accurate. We swear under penalty of perjury that we are authorized to act on behalf of Copyright Owner with respect to the subject matter of this letter.
We therefore request that you remove or disable access to the infringing material as set forth in Section 512(c)(1)(C) of the Act and pursuant to your Copyright Policy and terms of service.
Please contact the undersigned no later than one week from the date of this letter to confirm that the infringing material has been removed or access disabled. The undersigned may be contacted at the address and email address set forth above.
The above is not an exhaustive statement of all the relevant facts and law. We expressly reserve all legal and equitable rights and remedies.
Very truly yours,
[private]
[private]
Associate
Reed Smith LLP
[private]
Associate
[private]
[private]