Process DMCA request

2023/05/2023-05-15-flexential.md

@@ -0,0 +1,99 @@
+While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s).
+
+---
+
+**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
+
+Yes, I am authorized to act on the copyright owner's behalf.
+
+**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?**
+
+Yes
+
+**Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.**
+
+2143307
+
+**Does your claim involve content on GitHub or npm.js?**
+
+GitHub
+
+**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
+
+I have read and understand GitHub's Guide to Filing a DMCA Notice. Flexential owns the copywrite and Trademark for "Flexential". I have been authorized to file this DMCA on the behalf of Flexential. I am a [private] with Flexential.
+
+**Please provide a detailed description of the original copyrighted work that has allegedly been infringed. If possible, include a URL to where it is posted online.**
+
+Flexential Corp. ("Flexential") is the owner of the copyright. The names, logos, and taglines identifying Flexential and its products and services, including, without limitation, "Flexential," are proprietary marks of Flexential, Corp. or its affiliates. The copywrite and trademark for "Flexential" is fully owned by Flexential and Flexential Corp. The trademark is registered under Serial Number [private] with the United States Patent and Trademark Office.
+
+https://www.flexential.com/  
+This is our website.
+
+https://www.flexential.com/terms-of-use  
+This covers our terms of use.
+
+Flexential explicitly states that the entire repository is infringing upon our original work.
+
+**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
+
+https://github.com/jonheese/hardware_sale  
+Flexential alleges that the code contained in this repository belongs to Flexential and the Github be removed. The github directly references Flexential's code and calls out that it is being leveraged by Flexential. There was not any type of permission or agreement that our code could be shared online.
+
+Flexential alleges that the entire repository is infringing upon our rights. The following code repository must be removed:
+https://github.com/jonheese/hardware_sale.git
+
+The following github must be removed:  
+https://github.com/jonheese/hardware_sale
+
+Flexential explicitly states that the entire repository is infringing upon our original work.
+
+**Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice#complaints-about-anti-circumvention-technology">Complaints about Anti-Circumvention Technology</a> if you are unsure.**
+
+Yes
+
+**What technological measures do you have in place and how do they effectively control access to your copyrighted material?**
+
+Flexential utilizes 3rd party reputation monitoring systems. The code repository for Flexential requires authenticated access.
+
+**How is the accused project designed to circumvent your technological protection measures?**
+
+Directly references "Flexential" by name without permission for leveraging both the trademark and copywrite. Flexential requires authenticated access to access our code. The individual who published it to Github did not have the permission of Flexential to do so. Flexential alleges that the code contained in this repository belongs to Flexential and the Github repository should be removed.
+
+Flexential explicitly states that the entire repository is infringing upon our original work.
+
+**<a href="https://docs.github.com/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork">Have you searched for any forks</a> of the allegedly infringing files or repositories? Each fork is a distinct repository and must be identified separately if you believe it is infringing and wish to have it taken down.**
+
+There was not another fork which was discovered.
+
+**Is the work licensed under an open source license?**
+
+No
+
+**What would be the best solution for the alleged infringement?**
+
+Reported content must be removed
+
+**Do you have the alleged infringer’s contact information? If so, please provide it.**
+
+No.
+
+**I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law.**
+
+**I have taken <a href="https://www.lumendatabase.org/topics/22">fair use</a> into consideration.**
+
+**I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.**
+
+**I have read and understand GitHub's <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.**
+
+**So that we can get back to you, please provide either your telephone number or physical address.**
+
+[private]
+
+[private]  
+[private]  
+[private]  
+[private], [private]
+
+**Please type your full legal name below to sign this request.**
+
+[private]