Process DMCA request

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dmca-sync-bot 2023-01-26 22:46:38 +00:00
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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 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
**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.**
Dear GitHub, we have a previous employee who accidentally checked in his local repositories to a personal GitHub account.
Talking with [private] he is unable to delete the repositories as they are linked to his Terumo email account and he is no longer an employee. They are not part of our [private] organization but are Terumo BCT code base and this represents a security concern.
Could you please remove the repositories under https://github.com/ebadusb [github.com]
• devops-kubernetes-cluster https://github.com/ebadusb/devops-kubernetes-cluster [github.com]
• Common https://github.com/ebadusb/Common [github.com]
• Trima_12.4 https://github.com/ebadusb/Trima_12.4 [github.com]
• embedded_test https://github.com/ebadusb/embedded_test [github.com]
• Install https://github.com/ebadusb/Install [github.com]
• Trima_Languages https://github.com/ebadusb/Trima_Languages [github.com]
You can see that [private] was a user in the [private] organization until he left the company in [private] and that all of these repositories stem from our organization.
Please let me know if you have any questions.
Thanks,
[private]
[private]
[private]
[private]
**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.**
https://github.com/ebadusb/Common [github.com] = [private]
https://github.com/ebadusb/Trima_12.4 [github.com] = [private]
https://github.com/ebadusb/embedded_test [github.com] = [private]
https://github.com/ebadusb/Install [github.com] = [private]
https://github.com/ebadusb/Trima_Languages [github.com] = [private]
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL.**
The entire repositories listed above should be removed.
All are related to a Terumo product: https://www.terumobct.com/trima
**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?**
All repositories are Private and internal. [private] was part of [private] and had admin rights to the repository.
After discussion with him on [private] he said the fork was a mistake during a migration of the Trima legacy code from [private] to [private].
[private] access to his Terumo email is the issue and there isn't any dispute that [private] owns the code.
**How is the accused project designed to circumvent your technological protection measures?**
As stated above [private] was an employee and had access to the code and the fork of the code base and creation of a copy in his private GitHub account was accidental. [private] has abandoned his account in GitHub and no longer has access to it.
If you would like to reach [private] directly please call him at: [private]
**<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.**
The only forks of the code base are identified here.
**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] directly please call him at: [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.**
[private]
[private]
[private]
**Please type your full legal name below to sign this request.**
[private]