From fdc5a1e735ac501cb9ee5302af8dd1e8cac9a3b9 Mon Sep 17 00:00:00 2001 From: dmca-sync-bot Date: Tue, 27 Aug 2024 22:10:02 +0000 Subject: [PATCH] Process DMCA request --- 2024/08/2024-08-27-zoll.md | 114 +++++++++++++++++++++++++++++++++++++ 1 file changed, 114 insertions(+) create mode 100644 2024/08/2024-08-27-zoll.md diff --git a/2024/08/2024-08-27-zoll.md b/2024/08/2024-08-27-zoll.md new file mode 100644 index 000000000..d9192d44a --- /dev/null +++ b/2024/08/2024-08-27-zoll.md @@ -0,0 +1,114 @@ +**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?** + +No, this is a new notice. + +**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.** + +Between 2015 and 2022, ZOLL Medical Corporation (“ZOLL”) provided technology to and paid +[private] and [private] to develop a heart defibrillation product, which included monitoring components. The +relevant agreements stated that all intellectual property, including copyright and source code, +created during the course of the development belonged to ZOLL. A relevant quote from the +development agreement states: + +“Company [defined as ZOLL] shall own all right, title and interest in and to all +Intellectual Property created, conceived or made by or on behalf of Company or +Contractor [private] (including through any subcontractors and +whether solely or jointly with Company) in the course of performing activities +under this Agreement, any SOWs or the Supply Agreement or with reference to +Company’s Confidential Information, including all intellectual property rights +therein (collectively, “Development Inventions”).” + +The materials uploaded on GitHub at https://github.com/Yangyuanxin/Appciton consist of +intellectual property that was developed pursuant to the above agreement and therefore solely +owned by ZOLL. + +**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.** + +One commercial product created from the aforementioned development agreement is the ZOLL +M2 monitor/defibrillator. Additional information about this product can be found at +https://info.zoll.com/en/zoll-m2-home. + +I have reviewed the materials uploaded on GitHub at https://github.com/Yangyuanxin/Appciton, +and the entirety of the materials appears to be related to and have been created during the time +period of the aforementioned development agreement. For example, the GitHub page contains +approximately 30 unique Code Markers that are identical to the Code Markers for the ZOLL M2 product. + +Below is a screenshot of the Code Markers found on GitHub: + +[private] +[private] + +The above Code Markers on GitHub are identical to the Code Markers for the ZOLL M2: + +[private] +[private] + +We have reason to believe that GitHub user [private] was a [private] who worked on +the ZOLL M2 project and uploaded the materials on GitHub without permission from ZOLL. + +**What files should be taken down? Please provide URLs for each file, or if the entire +repository, the repository’s URL.** + +The infringing content made by user “Yangyuanxin” can be found here: +https://github.com/Yangyuanxin/Appciton. All materials at this URL should be removed. + +The infringing user can be found here: https://github.com/Yangyuanxin + +**Do you claim to have any technological measures in place to control access to your +copyrighted content? Please see our Complaints about Anti-Circumvention Technology if +you are unsure.** + +There is not a current claim that anti-circumvention technology was used to access the +copyrighted content. The copyright content was and is protected by reasonable technology +measures from unlawful disclosure or access. + +**Have you searched for any forks 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.** + +We have performed a reasonable search for forks, but it may be possible that other infringing +repositories are discovered in the future. + +**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 fair use 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 Guide to Submitting a DMCA Takedown Notice.** + +**So that we can get back to you, please provide either your telephone number or physical +address.** + +Email : [private] +Phone: [private] + +**Please type your full legal name below to sign this request.** + +[private]