Process DMCA request

2024/01/2024-01-31-gwes.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?**
+
+Yes
+
+**Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.**
+
+2549647
+
+**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 a [private] of the Global Weather & EAS Society (GWES), an online community centered around weather and the Emergency Alert System (EAS). I am here to represent a group within GWES named the EAS Relay Network (GWES ERN). We develop specialized software to interface directly with EAS units commonly found within broadcast stations across the United States. We have a legally-binding document with FEMA to develop using their IPAWS standard for one of the pieces of software. The software being reported was created by our team internally. I have been tasked with filing this DMCA takedown notice by my [private].
+
+**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.**
+
+We will go in order starting with "CAPDEC". This is the piece of software that was developed under the FEMA IPAWS Memorandum of Agreement, and there are three contacts on that document, however the organization name remains ours. This code was uploaded to GitHub after being closed source and we thought after the uploader's departure, they would have respected our wishes and not uploaded it to GitHub. The software license attached to it is not the original license, and this stands true for EVERY piece of software that has been uploaded. Our internal Network Development/NDA software license has been swapped with the Open Database License, which was not approved by our team and does not apply to our software. A copy of our license can be provided upon request. Credit in the code (line prints and comments) has been removed and changed to solely the uploader and their partner, both of whom had a falling-out incident with our group. Additionally, this software under our control contains an [private] function that talks to our in-house [private]. In this repo, it appears that the code has been removed and the licensing has been outright bypassed. We charged community members money for licenses.
+
+The second piece of software uploaded is "ASMARA", also referred to as "ENDEC" and "ERNDEC". This code was also developed underneath our group by our team and all credit to our team has been removed from the code and replaced with the uploaders and their partner. We did not authorize this, and source code was requested to not be distributed from our end. The license has once again been swapped with the OBDL V1.0 instead of our [private].
+
+The third piece is our CAP server. This was also developed underneath our group by parts of our team and actually contained one of our developer's API key for [private]. I believe it has since been removed however we still did not authorize this software to be uploaded publicly and the license has been switched to OBDL V1.0.
+
+And finally the fourth piece of software are our ENDEC loggers. These loggers were developed by the uploader however they were developed under our group for our group. No credit or license was attached to the code underneath our group, so this is the piece I am least concerned about considering the circumstances. I felt it should be mentioned nonetheless.
+
+**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
+
+https://github.com/A-c0rN/CAPDEC  
+https://github.com/A-c0rN/ASMARA  
+https://github.com/A-c0rN/CAP-Server  
+https://github.com/A-c0rN/ENDEC_Loggers  
+
+**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?**
+
+All of our software was hosted and developed within a private [private] server with SSO. This server had been down for some time, so the uploader had the software held locally. This was authorized at the time, however the distribution of our software was never authorized. We recently created a new [private] instance and are currently protecting it with [private] SSO.
+
+**How is the accused project designed to circumvent your technological protection measures?**
+
+The CAPDEC repository bypasses the authentication API that we had in place for access control in our group, and bypasses our licensing entirely. All other software was obtained by legal measures due to the uploader being a previous part of our [private]. Distribution of our software was never authorized.
+
+**<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 have. Here are all forks that I have found in relation to our software.  
+https://github.com/ArieTheTrainGirl/CAPDEC-Windows  
+[invalid]  
+https://github.com/reggietorres/ASMARA  
+https://github.com/ChrisChrome/ASMARA  
+https://github.com/libmichaelm357/ASMARA  
+
+**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.**
+
+E-mail: [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]. If I am unable to answer, please send E-Mail to: [private]. If you need additional information from my [private], feel free to contact him via E-Mail to: [private]. If you require information from our [private], please contact him via E-Mail to: [private]
+
+**Please type your full legal name below to sign this request.**
+
+[private]