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**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.**
Copyright of the entire source code which I'm submitting a DMCA takedown to, belongs to Airoha Technology, which is an IC design house company in Taiwan. Tymphany HK Limited. is my company, we are a manufacturer for audio related products.
Airoha is one of the most important IC provider for us, we purchase Airoha ICs, design product based on Airoha platform, and have access permission to part of their source code/SDKs based on NDA (non-disclosure agreement) and SLA (service-level agreement).
**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.**
The source code is the SDK of an Airoha IC (model name is AB1585). Copyright of the entire SDK belongs to Airoha Technology, and is not opened to anyone that is not a client of Airoha and/or not under NDA/SLA protection. We Tymphany is a client of Airoha, we design products based on Airoha ICs, we purchase Airoha ICs, and we have NDA/SLA signed.
Some users who are not an employee of Tymphany somehow copied our repo to his/her account, and set it to "public":
https://github.com/npnet/NTTS_Tesla2_Airoha_AB1585_SDK3_4_1
https://github.com/npnet/Airoha_AB1585EVK
https://github.com/xihua13104/AB1585EVK
https://github.com/yyznefu/Airoha_AB1585EVK
As you can see in these repos, they either has [private] and [private] ([private]), or have one of our previous employee's name and commit history ([private]). This shows that above 4 repos are indeed somehow copied from Tymphany, but they are not authorized by [private] or [private] to own the source code or to share to the public, all copyright belongs to Airoha.
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
https://github.com/npnet/NTTS_Tesla2_Airoha_AB1585_SDK3_4_1
https://github.com/npnet/Airoha_AB1585EVK
https://github.com/xihua13104/AB1585EVK
https://github.com/yyznefu/Airoha_AB1585EVK
Above 4 entire repositories should be taken down.
They are not Tymphany employees, they are not authorized to clone/fork Tymphany repo.
The copyright of the code belongs to Airoha and you have to gain access through NDA/SLA or other process provided by Airoha.
**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.**
No
**<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. I actually filed a take down notice a few days ago, which was to request take down https://github.com/atom1102/Airoha_AB1585EVK, and 3 of the above repos i now request to take down, are forked from atom1102.
**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.**
No, I don't have them.
**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]
[private]
**Please type your full legal name below to sign this request.**
[private]