Process DMCA request

2023/08/2023-08-23-novacom.md

@@ -0,0 +1,89 @@
+Dear Sirs  
+
+TAKEDOWN REQUEST  
+
+Summary  
+
+We are instructed by Novacom Group (our “Client”) to take steps to submit a formal takedown notice relating to information and data wrongfully posted to GitHub by a third party. It is our Client’s position that all rights pertaining to the posted data (including but not limited to legal/contractual ownership, as well as intellectual property) rest with our Client.
+
+In brief summary, our Client has been the target of a number of extortion attempts carried out by a freelance contractor, previously hired by our Client. The contractor is a developer who provided services to our Client in relation to source code development for an software application.   During this process, our client provided the contractor with confidential information to which the ownership and intellectual property rights remained with our client.  
+
+ 
+
+However, for reasons unknown to our Client, the Contractor has since sought to extort our client for financial gain, initially with the threat of posting source code belonging to our Client unless a financial payment is made, and subsequently by seeking payment for removal of the content from your site.
+
+ 
+
+Given that our Client has not engaged with the extortion attempt, the Contractor has now taken steps to post the source code data on GitHub, to multiple accounts, without the express or implied authorization of our Client to do so.
+
+ 
+
+The username of the contactor is francohowell, and the data has been posted to the following URL: [private].  GitHub have now disabled this content however the Contractor has subsequently posted the data to  https://github.com/francohowell/cms.
+
+ 
+
+ 
+
+Action Required
+
+ 
+
+In accordance with your Acceptable User Policy, we understand that:
+
+ 
+
+- You do not allow content or activity that infringes any proprietary right of any party including patent, trademark, trade secret, copyright, right of publicity or other right.
+ 
+
+- The Contractor’s actions were unlawful and constitute a direct contravention of your policy.  In this regard, our Client has good faith to belief that use of the copyrighted materials described above on the infringing web pages is not authorised by the copyright owner, or its agent, or the law.  Our Client has taken fair use into consideration. 
+
+In light of the above, we would be grateful for your co-operation in immediately removing the source code at the above URL from your site.  We look forward to receiving a response from you in respect of this matter.  We would also be grateful if consideration could be given to disabling the Contractor’s access to your platform given that he has directly contravened your policy now on more than one occasion. 
+
+ 
+
+Please note that this letter is sent to GitHub in strict confidence.  Given the commercially sensitive information that the relevant account reveals, it is very important that you do not disclose a copy of this letter to anyone outside of Git Hub’s takedown team and/or legal department (as appropriate). 
+
+ 
+
+We note that our previous request (as set out below) has been made publicly available on your platform.  As per the above, and as also previously set out in our initial request, this information should not be made public.  Please can you remove the previous request from your platform as a matter of urgency.
+
+ 
+
+Should you require any further information from us to facilitate the request, please don’t hesitate to get in touch.
+
+ 
+
+Please also note that:
+
+ 
+
+We can confirm that our Client swears, under penalty of perjury, that the information in this notification is accurate and that they are the copyright owner, or are authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed. 
+
+ 
+
+Our Client confirms that they have good faith belief that use of the copyright materials described above on the infringing web pages is not authorised by the copyright owner, or its agent, or the law. 
+
+ 
+
+Our Client has taken fair use into consideration.
+
+ 
+
+Our Client confirms that they have read and understood GitHub’s Guide to Submitting a DMCA Takedown Notice.
+
+ 
+
+Yours faithfully
+
+ 
+
+ 
+
+
+[private]  
+[private]  
+for Kennedys  
+Kennedys  
+T [private]  
+M [private]  
+F [private]