Process DMCA request

2023/01/2023-01-06-ibm.md

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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).
+
+---
+
+**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.**
+
+Prior GitHub Public Ticket ID: 1927992
+
+I am an IBM [private] and have been approved by IBM Legal to pursue this request on behalf of IBM. I can provide email proof from our [private] if needed. The GitHub user [private] ([private]) is a former IBM employee who uploaded an IBM [private] to GitHub without proper authorization from IBM. This is a proprietary tool that IBM uses internally and is not for distribution outside of the company. This particular request is for takedown of a fork identified in the previous GitHub support request (GitHub Public Ticket ID: 1927992)
+
+**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.**
+
+[private] (formerly [private]) is an integrated lookup component that enables directory search and profile updates within IBM. This is not publicly available and only used as an internal service within IBM. From our IBM [private] Terms of use:
+
+[private]
+
+**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
+
+https://github.com/tersedream/IBM_Blue_Pages_Tool
+
+**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?**
+
+IBM has an internal Corporate GitHub file storage services for backing up and distributing code. Business Conduct Guidelines require all employees to use these tools and they are effective.
+
+**How is the accused project designed to circumvent your technological protection measures?**
+
+Project was uploaded to GitHub Inc. without permission. See above response.
+
+**<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.**
+
+This fork was identified in response to a previous takedown request for the Repo [invalid]
+
+**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.**
+
+[private]
+
+Based on the content of repo's forked or owned by "tersedream", I think this is likely another account owned by [private] in addition to [private]
+
+User is located in [private] and we have sent the user notification emails the above address (both the user's GitHub page and personal webpage list this contact address), but we have received no response.
+
+**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.**
+
+Work: [private]  
+Personal: [private]  
+Address: [private]  
+
+**Please type your full legal name below to sign this request.**
+
+[private]