Process DMCA request

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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).
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**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am the copyright holder.
**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?**
No
**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 am the [private] and authorized representative of Arkgeniq Private Limited, the rightful owner of the proprietary software code that has been unlawfully published on GitHub without authorization.
The developer, [private], was engaged as a freelance consultant under a Services Agreement (SLA) dated 18-Oct-2023 and a Non-Disclosure Agreement (NDA) dated 20-July-2023, both of which explicitly state that:
All code developed under this engagement is the exclusive property of Arkgeniq Private Limited.
The developer is strictly prohibited from disclosing, sharing, or publishing the code without written authorization.
Despite this, the developer failed to deliver services, refused to complete the iOS build, and subsequently made our proprietary source code public on GitHub in clear violation of our NDA and SLA.
As the legal owner of the copyrighted content, I am submitting this DMCA request to request immediate takedown of the infringing repository. I can provide signed agreements and additional proof upon request.
**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.**
The original copyrighted work consists of proprietary source code, algorithms, and software components developed for the Uniify mobile application, owned exclusively by Arkgeniq Private Limited. This code was developed under a Services Agreement (SLA) dated 18-Oct-2023 and a Non-Disclosure Agreement (NDA) dated 20-July-2023, both of which explicitly state that all intellectual property, including software code, is the exclusive property of Arkgeniq Private Limited and cannot be shared, published, or disclosed without authorization.
Proof of Ownership:
The original, legally owned codebase is hosted on [private] under a [private] [private] managed by Arkgeniq Private Limited.
[private] was granted limited access to this [private] [private] only after signing the NDA and SLA, and his work was to be done under the terms of those agreements.
The commit history in [private] and access logs prove that [private] was given access only to contribute to the project, not to distribute, share, or publish the code elsewhere.
The contractual agreements (NDA & SLA) explicitly state that Arkgeniq Private Limited owns all software developed and prohibit unauthorized disclosure.
Nature of the Copyrighted Work:
The copyrighted work includes, but is not limited to:
Source code for the Uniify mobile application (React Native/Node.js components).
UI/UX implementations developed under contract.
Authentication and API integrations.
Custom logic and business functionalities designed specifically for the Uniify platform.
Link to the Original Work:
Since the original code is stored in a [private] [private], it is not publicly accessible. However, we can provide internal repository links, commit histories, and access logs as supporting evidence upon request.
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL.**
The entire repository should be taken down and the developer be banned as breached the NDA.
https://github.com/Rushit013/Uniify-app
**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?**
At Arkgeniq Private Limited, we have strict security measures to protect our copyrighted software code and intellectual property. These measures effectively prevent unauthorized access, distribution, or misuse of our proprietary material.
1. Private [private] Repository with Access Control
Our original copyrighted source code is securely stored in a [private] [private] [private] that is not publicly accessible.
Access is restricted only to authorized personnel, including vetted developers under contractual agreements (NDA & SLA).
2. Role-Based Access Control (RBAC)
Developers, including [private], were granted only limited access to the specific project repository after signing an NDA and SLA.
Access was controlled based on roles and responsibilities, ensuring that no unauthorized personnel could view or modify critical files.
3. Version Control & Commit Tracking
All changes, commits, and pushes made to the repository are logged through [private]s version control system.
We maintain detailed commit histories and access logs, which show exactly when [private] accessed the code and what modifications were made.
This also allows us to prove the authorship and ownership of the original work.
4. Termination of Access Upon Contract Violation
As soon as [private] refused to complete his deliverables and violated contractual terms, we revoked his access to the [private] [private] to prevent further misuse.
Despite this, he illegally retained and published the proprietary code on GitHub, violating our NDA and SLA.
Effectiveness of These Measures
These security measures effectively control access to our copyrighted material by:
✔ Ensuring only authorized personnel can access and modify the code.
✔ Tracking all repository activities, proving ownership and identifying unauthorized actions.
✔ Preventing unauthorized distribution through role-based access and encryption.
✔ Enforcing legal consequences when access policies are violated.
Even with these safeguards, [private] intentionally violated the NDA and SLA by publishing proprietary code on a public GitHub repository. This action was not due to any lack of security controls but rather an intentional breach of contract.
**How is the accused project designed to circumvent your technological protection measures?**
[private] was granted limited access to our [private] [private] [private] only for development purposes under a strict NDA and SLA.
After his contractual engagement ended and he refused to fulfill his obligations, his access was revoked—ensuring he could no longer officially access the repository.
However, instead of complying, he illegally retained copies of the code before losing access and later uploaded it to GitHub without authorization.
2. Circumvention of Access Controls
The [private] [private] was [private], and [private] was only permitted to access it while under contract.
Our role-based access controls and multi-factor authentication (MFA) mechanisms were designed to prevent unauthorized distribution.
By copying and re-hosting the code on a public GitHub repository, [private] intentionally bypassed these protections, allowing unrestricted access to proprietary material that was meant to remain confidential.
3. Violation of Repository Security Policies
Our [private] policies restricted cloning and external sharing without prior approval.
[private] violated these security policies by:
Cloning, downloading, or extracting parts of the proprietary code.
Republishing this code on a public GitHub repository—effectively removing the access controls we had in place.
Why This Is a Deliberate Circumvention
[private] did not accidentally leak the code—he knowingly copied and published it after his access was revoked.
His actions show clear intent to bypass the technological and contractual protections in place.
The GitHub repository effectively negates all [private] security measures, making unauthorized access possible.
Conclusion
By publishing our proprietary source code on a public repository, [private] has effectively:
✔ Bypassed [private]s access controls to make the code publicly available.
✔ Violated role-based security measures by misusing access privileges.
✔ Removed all protections that were originally in place to restrict unauthorized access.
✔ Committed a serious breach of confidentiality, intellectual property laws, and contractual agreements.
Given this, we request an immediate takedown of the infringing GitHub repository as it was created by intentionally circumventing our technological protection measures.
**<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.**
No forks shown on github
**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 infringers contact information? If so, please provide it.**
[private]
https://github.com/Rushit013
[private]
[private]
**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.**
Mobile Number is [private] and address is [private]
**Please type your full legal name below to sign this request.**
[private]