diff --git a/2023/01/2023-01-06-ibm.md b/2023/01/2023-01-06-ibm.md new file mode 100644 index 000000000..9c5ddbeac --- /dev/null +++ b/2023/01/2023-01-06-ibm.md @@ -0,0 +1,81 @@ +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 Complaints about Anti-Circumvention Technology 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. + +**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.** + +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 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.** + +Work: [private] +Personal: [private] +Address: [private] + +**Please type your full legal name below to sign this request.** + +[private]