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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#anatomy-of-a-takedown-notice).
---
Date: [private]
To: GitHub, Inc. Attn: [private] / DMCA Agent [private] Email: [private]
From: Aeterno Platform LLC [private] Email:
[private]
Subject: DMCA Takedown Notice and Cease & Desist Demand Regarding Unauthorized
Publication of Proprietary Source Code in Repository 'MODSetter/SurfSense'
This letter serves as a formal Cease and Desist demand and Digital Millennium
Copyright Act (DMCA) takedown notice on behalf of Aeterno Platform LLC (formerly Happy
Compliance LLC), hereinafter "the Company."
The Company is the sole and exclusive owner of all rights, title, and interest in the
proprietary software code that has been published without authorization to your
platform by the user identified below.
I. Infringing Material
1. Infringing Repository URL:
https://github.com/MODSetter/SurfSense/tree/main/surfsense_backend/app/agents/researcher
2. Infringing GitHub Username: MODSetter
3. Repository Name: SurfSense
The content in the specified directory is a direct, literal copy of the Company's
proprietary and confidential source code.
II. Legal Basis for Takedown
The code in question is a sophisticated, multi-agent AI research system that
constitutes a core component of the Company's platform. It was developed as a
work-for-hire by an independent consultant, [private] ("Consultant"), retained by
the Company.
The Consultant's engagement was governed by a legally binding Equity and Service
Agreement, executed on November 16, 2024. The publication of this code is a direct
violation of the following contractual obligations:
1. Copyright Infringement & IP Misappropriation: Section 5 ("Discovery and
Inventions; Assignment Agreement") of the executed Agreement unequivocally
states that all discoveries, inventions, or improvements conceived or made by
the Consultant related to the Company's business "shall be the exclusive
property of the Company." The Consultant was contractually obligated to assign,
and did assign, all rights to this intellectual property to the Company.
2. Breach of Confidentiality: Section 7 ("Confidentiality and Non-Disclosure") of
the Agreement obligates the Consultant to maintain all confidential
information, including software code, in strict confidence indefinitely.
Docusign Envelope ID: [private]
The public posting of this code on GitHub, particularly under a designation suggesting
it is open source, constitutes a material breach of this agreement, copyright
infringement under 17 U.S.C. § 101 et seq., and misappropriation of the Company's
trade secrets.
III. Demands
Accordingly, we demand that GitHub immediately:
1. Remove or disable access to the infringing repository (MODSetter/SurfSense) and
any existing forks or mirrors.
2. Block the infringer (MODSetter) from reposting the proprietary content.
3. Preserve all data, logs, and records related to this repository and account for
potential legal proceedings.
IV. Declaration Under Penalty of Perjury
I, the undersigned, certify under penalty of perjury that:
1. I am an authorized representative of the copyright owner, Aeterno Platform LLC.
2. I have a good faith belief that the use of the material in the manner
complained of is not authorized by the copyright owner, its agent, or the law.
3. The information in this notification is accurate.
Failure to act expeditiously to remove the infringing material will result in the
Company pursuing all available legal remedies, including but not limited to injunctive
relief, damages, and attorney's fees.
V. Contact Information
Signature:
[private]
[private]
[private]
[private]