4.7 KiB
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.
July 24, 2020
Without Prejudice
By Electronic Mail
GitHub, Inc
Attn: DMCA Agent
88 Colin P Kelly Jr St
San Francisco, CA. 94107
[private]
APPLE INC.’S DMCA TAKE DOWN NOTICE ([private])
Dear DMCA Agent:
We are outside intellectual property counsel for Apple Inc. (“Apple” or “Copyright Owner”), the owner of certain copyright protected software identified below, which has been posted to GitHub.org without license. On July 17, I submitted the DMCA takedown notice copied far below, but to date I have not received a response, and it appears that the repository remains accessible via the Services. Please accept this resubmission of our July 17 DMCA takedown regarding the Services, below.
We hereby provide notice of copyright infringement pursuant to the terms of the Digital Millennium Copyright Act (the “Act”).
Copyright Owner is the owner of copyrights in the following work (the “Work”):
- Apple’s internal repository of Apple’s internal software source code exposed without permission by a former Apple contractor.
It has come to Copyright Owner’s attention that your service located at these repositories: - https://github.com/chairco/django-radar/tree/master/nimbus
(the “Services") displays and provides access to the Work without license from Apple in a manner that infringes Apple’s copyrights in the Works.
This repository is Apple’s internal repository of Apple’s internal software source code exposed without permission by a former Apple contractor and that this person has no right to distribute Apple’s Work.
We have a good faith belief that the use of the Works in the material described in this letter is not authorized by Copyright Owner, any agent of Copyright Owner, or any applicable law. The information in this notification is accurate. We swear under penalty of perjury that we are authorized to act on behalf of Copyright Owner with respect to the subject matter of this letter.
We therefore request that you remove or disable access to the infringing material as set forth in Section 512(c)(1)(C) of the Act and pursuant to your Copyright Policy and terms of service.
Please contact the undersigned no later than one week from the date of this letter to confirm that the infringing materials have been removed or access disabled. The undersigned may be contacted at the address and email address set forth above.
The above is not an exhaustive statement of all the relevant facts and law. We expressly reserve all legal and equitable rights and remedies.
Very truly yours,
/[private]/
[private]
[private]
Reed Smith LLP
[private]
[private]
[private]
[private]
[private]
Reed Smith LLP
Reed Smith Centre
225 Fifth Avenue
Pittsburgh, PA 15222-2716
[private]
[private]
Please consider the environment before printing the contents of this email
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.
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.
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?
Remove.
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.
[private]
225 Fifth Ave.
Pittsburgh PA 15222
Please type your full legal name below to sign this request.
[private]