From a94a6bed5c743fc817abdfbacbc6929ffea5e94a Mon Sep 17 00:00:00 2001 From: Hubot Date: Thu, 8 Sep 2016 15:07:49 -0700 Subject: [PATCH] Process DMCA request --- 2016/2016-09-08-facetjs.md | 119 +++++++++++++++++++++++++++++++++++++ 1 file changed, 119 insertions(+) create mode 100644 2016/2016-09-08-facetjs.md diff --git a/2016/2016-09-08-facetjs.md b/2016/2016-09-08-facetjs.md new file mode 100644 index 000000000..361bad108 --- /dev/null +++ b/2016/2016-09-08-facetjs.md @@ -0,0 +1,119 @@ +September 6, 2016 +Via Electronic Mail +GitHub, Inc. + +I have read and understand GitHub's Guide to Filing a DMCA Notice. + +I am writing to request that Github take down the project at the following +link: https://github.com/implydata/plywood. + +This project infringes the copyright of Metamarkets Group, Inc. in its +facetjs software, a proprietary repository hosted privately at +[private]. + +[image: Inline image 1] + +Facetjs was developed by Metamarkets and Metamarkets holds the copyright +thereto. + +Plywood copies and infringes facetjs. + +A review of Plywood’s “updated legals” (https://github.com/implydata/ +plywood/commit/62af7c8b9ae0650c88117a6d0aa7729b5a4ef56f ) admits this +copying, literally describing Plywood as “copyright, Metamarkets”: + +“Portions of this software were originally based on facetjs, copyright (c) +2015, Metamarkets Group Inc.” + +“Copyright 2012-2015 Metamarkets Group Inc.” + +Imply Data purports to have an Apache 2.0 license to copy facetjs in the +Updated Legals folder. However, that purported license is null and void. +That Apache 2.0 license to facet.js was procured through fraudulent +statements and omissions of Imply Data’s officers while they were employed +at Metamarkets. Metamarkets has since discovered the fraud, taken the +facet.js repository private as of July 19 2016, and ceased offering any +version of facet.js to anyone under an Apache 2.0 license. + +In addition, Imply Data breached the material terms of the Apache 2.0 +license by failing to comply with the redistribution conditions of the +Apache 2.0 license, such as Paragraph 4(b) which requires the user to +“cause any modified files to carry prominent notices stating that You +changed the files.” + +On July 11, 2016 Metamarkets informed Imply Data that its use of facet.js +code was unauthorized, but Imply Data persisted in its infringement. On +August 19, 2016 Metamarkets reiterated that point to Imply Data, including +that any Apache 2.0 license Imply Data may have had was expressly revoked. +See TVT Records v. Island Def Jam Music Group, 412 F.3d 82, 92-93 (2d Cir. +2005) (fraudulently induced license may be rescinded); Lulirama Ltd., Inc. +v. Axcess Broadcast Servs., Inc., 128 F.3d 872, 882 (9th Cir. 1997) +(copyright licenses that are not supported by consideration may be +revoked); see also 3 Nimmer on Copyright § 10.15 [A] (6th ed. 1978) +(“Rescission may also be based on fraud in the inducement”). Imply’s +infringement nevertheless continued. Metamarkets’ DMCA notice to Github +followed on August 24, 2016. + +The following screenshots illustrate the identical or nearly identical +structure, sequence and source code between Metamarkets’ facetjs and Imply +Data’s Plywood. + +● src/ directory listing -- Metamarkets’ facetjs (private repository) +on left, and Imply Data’s Plywood on right, with substantially similar file +and subdirectory names. + +[image: Inline image 3] + +● src/datatypes subdirectory -- Metamarkets’ facetjs (private +repository) on left, and Imply Data’s Plywood on right, showing largely +identical subdirectory structure. + +[image: Inline image 4] + +● src/datatypes/range.ts - An example file in this directory, +Metamarkets’ facetjs on left, Imply Data’s Plywood on right, showing +identical function names and line-for-line code. + +[image: Inline image 5] + +● docs/introduction.md – Imply Data’s Plywood initial commit on left, +Metamarkets’ facetjs on right. The only differences in these two files is +that the word “plywood” has been substituted at every occurrence of +“facet.js.” + +[image: Inline image 6] + +● docs/plySQL.md and docs/fSQL.md - Imply Data’s Plywood initial +commit on left, Metamarkets’ facetjs on right. Here the only difference in +the files is the strings ‘plySQL’ and ‘plywood’ have replaced all +occurrences of ‘fSQL’ and ‘facet’, respectively + +[image: Inline image 7] + +● package.json - description of the package. On left, Metamarkets’ +facetjs (with other contributors listed); on right, Imply Data’s Plywood, +with contributors section removed. + +[image: Inline image 8] + +The entire Plywood repository must be taken down immediately in order to +prevent further infringement of facetjs, and further harm to Metamarkets. + +I have a good faith belief that use of the materials described above on the +infringing web pages is not authorized by Metamarkets Group, Inc., or its +agent, or the law. + +I swear, under penalty of perjury, that the information in this +notification is accurate and that I am authorized to act on behalf of the +owner, of an exclusive right that is allegedly infringed. + +Sincerely, + +[private] + + + +[private] +[private] | METAMARKETS +m [private] | t [private] +[private]