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Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to make changes
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md).
---
**Are you the copyright holder or authorized to act on the copyright owner's behalf?**
Yes, I am the copyright holder.
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
Hi,
I'm [private] of an online video course to learn Flask. It was released in 2015. The course comes with an example application that we build called Snake Eyes (a dice rolling game in the form of a SAAS app). This example app is provided in the form of source code.
**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 domain name of the course is https://buildasaasappwithflask.com and there's an open source version of the code base at https://github.com/nickjj/build-a-saas-app-with-flask.
You can see the email address listed on the domain name matches my GitHub email address associated to my nickjj GitHub account that is hosting the official open source lighter weight version of the course's material.
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
https://github.com/erinkelsey/snakeeyes-saas-flask is hosting the contents of the course on his account without my permission. It includes private files from the course that is normally only accessible to folks who sign up to the course.
**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.**
It looks like there's no active forks originating from his account based on the information you provide in your web UI.
**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**
It's not licensed under a specific existing license but in the FAQ on the main course's description page https://buildasaasappwithflask.com there is an item which explicitly mentions it's not ok to publicly host this material.
The exact quote from the FAQ is:
> The only limitation is that you're not allowed to distribute anything publicly. For example, please don't post it on your GitHub page or any other public location. This goes for any of the course's content!
**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**
To have the repository either made private so it's only accessible to them or fully taken down / removed.
**Do you have the alleged infringer’s contact information? If so, please provide it.**
I do not, they have not signed up for my course on my platform using the same name on their GitHub account.
**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.**
You can reach me at [private].
**Please type your full legal name below to sign this request.**
[private]