Process DMCA request

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. § 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]