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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 authorized to act on the copyright owner's behalf.
**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**
We (Rev19, LLC a Texas based payment processing company) hired a company, [private], to provide nearshore development of financial services software development. One of the contract developers, [private], was let go in July of 2020. He recently uploaded the version of our entire private and proprietary code base he had access to at that time into a new public repo here on GitHub. SendGrid alerted us to the fact that our API key for our account was found in this public repo. I am the [private] at Rev19. This was a work for hire agreement and all source code is the intellectual property of Rev19.
**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 original work is an entire software system called Apex. It has a payment gateway, a lending system called Revpay, an Agent portal and several supporting applications. All written in .net C#, HTML javascript and react. Our marketing site description of the product is here: https://rev19.net/apex/
The code is proprietary and in a private DevOps GIT repo here: [private]
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
https://github.com/renecapetillo/Develop/tree/master/Code/Gateway
**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.**
No forks have been made at this time.
**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?**
No it is the private intellectual property of Rev19, never was publicly available and should not be now.
**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?**
No they have to right to this code. We are seeking legal action outside of this takedown request as this is stolen property. However, having our source code, even an older version, publicly available provides a security risk since our system is required to be PCI Level 1 compliant. We incur considerable costs to ensure we are secure and maintain PCI Level 1 compliance.
**Do you have the alleged infringer’s contact information? If so, please provide it.**
[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]., [private]
[private], [private]
**Please type your full legal name below to sign this request.**
[private]