Process DMCA request

2024/08/2024-08-27-zoll.md

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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, this is a new notice.
+
+**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.**
+ 
+Between 2015 and 2022, ZOLL Medical Corporation (“ZOLL”) provided technology to and paid
+[private] and [private] to develop a heart defibrillation product, which included monitoring components. The
+relevant agreements stated that all intellectual property, including copyright and source code,
+created during the course of the development belonged to ZOLL. A relevant quote from the
+development agreement states:
+
+“Company [defined as ZOLL] shall own all right, title and interest in and to all
+Intellectual Property created, conceived or made by or on behalf of Company or
+Contractor [private] (including through any subcontractors and
+whether solely or jointly with Company) in the course of performing activities
+under this Agreement, any SOWs or the Supply Agreement or with reference to
+Company’s Confidential Information, including all intellectual property rights
+therein (collectively, “Development Inventions”).”
+
+The materials uploaded on GitHub at https://github.com/Yangyuanxin/Appciton consist of
+intellectual property that was developed pursuant to the above agreement and therefore solely
+owned by ZOLL.
+ 
+**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.**
+ 
+One commercial product created from the aforementioned development agreement is the ZOLL
+M2 monitor/defibrillator. Additional information about this product can be found at
+https://info.zoll.com/en/zoll-m2-home.
+
+I have reviewed the materials uploaded on GitHub at https://github.com/Yangyuanxin/Appciton,
+and the entirety of the materials appears to be related to and have been created during the time
+period of the aforementioned development agreement. For example, the GitHub page contains
+approximately 30 unique Code Markers that are identical to the Code Markers for the ZOLL M2 product.
+
+Below is a screenshot of the Code Markers found on GitHub:
+
+[private]  
+[private]
+
+The above Code Markers on GitHub are identical to the Code Markers for the ZOLL M2:
+
+[private]  
+[private]
+
+We have reason to believe that GitHub user [private] was a [private] who worked on
+the ZOLL M2 project and uploaded the materials on GitHub without permission from ZOLL.
+ 
+**What files should be taken down? Please provide URLs for each file, or if the entire
+repository, the repository’s URL.**
+ 
+The infringing content made by user “Yangyuanxin” can be found here:
+https://github.com/Yangyuanxin/Appciton. All materials at this URL should be removed.
+
+The infringing user can be found here: https://github.com/Yangyuanxin
+ 
+**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.**
+ 
+There is not a current claim that anti-circumvention technology was used to access the
+copyrighted content. The copyright content was and is protected by reasonable technology
+measures from unlawful disclosure or access.
+ 
+**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.**
+ 
+We have performed a reasonable search for forks, but it may be possible that other infringing
+repositories are discovered in the future.
+ 
+**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 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.**
+ 
+Email : [private]  
+Phone: [private]  
+ 
+**Please type your full legal name below to sign this request.**
+ 
+[private]