dmca/2020/10/2020-10-20-Asurion.md
2020-10-22 05:13:45 -07:00

4.4 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.

UBreakIFix is owned by Asurion. I am a Cyber Security Anlalyst at Asurion.

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 clone Asurion is requesting to be removed here: https://github.com/ksbek/biffy has the initial commit of UBreakIFix proprietary code. It is clearly a snapshot of [private] which is the enterprise repo of uBreakiFix and has history proceeding and following the Aug. 11, 2016 snapshot.

Looking at this file in particular you can see that the ksbek repo was captured after commit 1f0ac84a9c9311a817d5dfbe3ee6bccb75de19b8 but before commit 4e3b7675be1df8168808e5b86910cfa06a109620

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

https://github.com/ksbek/biffy

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.

There do not appear to be any forks.

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?

No, This is likely a former UBreakIFix employee. Policy and posting this code is in violation of previously signed Employment, Confidential Information, Invention Assignment and Arbitration Agreement.

“Confidential Information” is defined in the Employment Agreement as follows:
Information, or a compilation of information, in any form (tangible or intangible), related to the Companys business that has not appropriately been made public and that is not generally known to the public or to other persons who might obtain value or competitive advantage from its disclosure or use, including (a) technical data, engineering and hardware configuration information, trade secrets, computer source and object code, programs, other works of authorship, developments, inventions, ideas, processes, formulae, techniques, designs, drawings, know-how, improvements, and discoveries, (b) plans or other information concerning the Companys research, products and services, sales and pricing, and markets therefore, including without limitation, customer lists and contact information, customers and business partners (including, but not limited to, customers and business partners of the Company on whom I called or with whom I became acquainted during the term of my employment), marketing, finances or other business information, (c) information regarding the skills, compensation and career path and evaluations of the Companys employees, contractors, and any other service providers of the Company, and (d) the existence and content of any nonpublic business discussions, negotiations, or agreements between the Company and any third party disclosed to me over the course of my employment.

Do you have the alleged infringers contact information? If so, please provide it.

No, we do not have that information

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]
[private]

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

[private]