dmca/2020/09/2020-09-22-kdp.md
2020-09-23 10:09:57 -07:00

4.3 KiB
Raw Permalink Blame History

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.

Hello. I am submitting this request on behalf of my employer, Keurig Dr Pepper Inc. and its wholly-owned subsidiary, Keurig Green Mountain, Inc. (collectively "KDP"). I am [private] at KDP, and authorized to act on KDP's behalf with respect to IP matters.

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 content repository at:
https://github.com/Vadim-Bodner-Bose/Training
Contains a subtree:
https://github.com/Vadim-Bodner-Bose/Training/tree/master/Framework_Example/automation-feature-KES_Serial
Which is a mirror of a KDP confidential internal and proprietary source code repository, specifically python code that runs internally on Keurig servers. The code is part of KDP's automated test suite. The code is owned by KDP as a work-for-hire, in that it was authored primarily by a U.S.-based former KDP employee in the course of their job duties. This employee executed a Confidentiality and Invention Assignment Agreement as a condition of employment, which provides that the IP in any inventions authored by the employee in the course of executing their duties, is owned by KDP. The code is not publicly available anywhere. The code was copied from KDP servers and uploaded to GitHub, maintaining the exact file structure with which it is stored on KDP's servers (we can provide a view of that by email if desired) and uploaded without KDP's authorization to the GitHub repository in its entirety at approximately 8:53 AM ET on Friday, 8/27/2020.

What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL.

The content repository at:
https://github.com/Vadim-Bodner-Bose/Training
Contains a subtree:
https://github.com/Vadim-Bodner-Bose/Training/tree/master/Framework_Example/automation-feature-KES_Serial
All files in this subtree belong to KDP and should be taken down.

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.

Our review showed that only the files stored in the one subtree (above) are owned by KDP and subject to takedown.

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 portion of the works are licensed under any open source license.

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?

The best solution would be for the files to be removed in their entirety as they represent a reproduction of the proprietary and confidential code KDP uses internally in connection with its product testing. Thank you.

Do you have the alleged infringers 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 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]
Keurig Dr Pepper
[private]
Mobile:[private]

Please type your full legal name below to sign this request.

[private]