Process DMCA request

2024/06/2024-06-19-sideqik.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.**
+
+I am the [private] of Sideqik, Inc (a subsidiary of GameSquare Holdings, Inc.) who is the copyright owner of the Sideqik software product and related code repositories. I am authorized by Sideqik & GameSquare to act on their behalf to make this submission.
+
+We have sent an email to the infringing party asking them to delete their copy of the infringing code repository. As of now we have not recieved a response.
+
+"I have read and understand GitHub's Guide to Filing a DMCA Notice."  
+"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."
+
+**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.**
+
+Sideqik operates an online Software-as-a-Service marketing technology platform, which maintains its primary code in a [private] at this URL: [private] . This is the original copyrighted work.
+
+A former contractor that previously had access to our [private] has taken their historical copy of the code and published the full codebase to an unauthorized public repository here: https://github.com/elitexpro/Sideqik/
+
+**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
+
+All files and the full code repository here should be taken down immediately: https://github.com/elitexpro/Sideqik/
+
+**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?**
+
+The original copyrighted [private] code repository ( [private] ) has been set to private access only, preventing any public access. [private] also provides access control that allows us to grant and remove individual user access to our code repository.
+
+**How is the accused project designed to circumvent your technological protection measures?**
+
+The accused project has taken a copy of our private code repository which is behind [private] access controls, and posted the full contents of the code repository to a new public repository.
+
+**<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.**
+
+Yes, as of now there are no forks listed in the offending repository and searching for our private code across the rest of GitHub did not return any results.
+
+**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.**
+
+The infinger is using a slightly different GitHub ID than the one when he worked for us. Originally, he worked for us using the "[private]" GitHub ID. He is currently using the "elitexpro" GitHub ID. While these are different ID's, they are close enough for us to believe this is the same user, although we cannot confirm 100%. If this is the same user, the original contact information that we had from our contract is:
+
+Name:  
+[private]
+
+Address:  
+[private]  
+[private]  
+
+Email:
+[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]  
+
+**Please type your full legal name below to sign this request.**
+
+[private]