diff --git a/2025/06/2025-06-11-aeterno.md b/2025/06/2025-06-11-aeterno.md new file mode 100644 index 000000000..27deb82fd --- /dev/null +++ b/2025/06/2025-06-11-aeterno.md @@ -0,0 +1,97 @@ +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. ยง 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]