4.4 KiB
While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s).
Are you the copyright holder or authorized to act on the copyright owner's behalf?
Yes, I am the copyright holder.
Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?
No
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.
I am the owner of this original U.S. Government code repository and represent the Small Business Administration's copyright interests.
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 copyrighted work, [private], is a U.S. Federal Government repo that is used to support and maintain the following website: https://certify.sba.gov. On 11/24/2021, the URL to which the content was posted was https://github.com/antoniocapelo9/sba by user Github antoniocapelo9.
Please note that this is the second time that Github user antoniocapelo9 has posted this original copyrighted work. The first instance occurred on 11/2/2021 and was posted to the URL https://github.com/antoniocapelo9/sba-app. I requested a DMCA takedown notice for this event on 11/2/2021 and was notified by Github of its fulfillment on 11/4/2021.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
This entire repository should be taken down: https://github.com/antoniocapelo9/sba
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.
Yes
What technological measures do you have in place and how do they effectively control access to your copyrighted material?
The original repo is created under a private Github account. Access to the repository must be requested and granted on an individual basis by SBA and must be deleted upon conclusion of specified need for access. Github user antoniocapelo9's need for access was terminated on 11/2/2021. Additionally, Github user antoniocapelo9 signed a federal Non-Disclosure Agreement between himself and the SBA that prohibits publication of any and all material provided to him. SBA formally advised Github user antoniocapelo9 that he is in violation of this agreement and the penalties of such violation on 11/24/2021.
How is the accused project designed to circumvent your technological protection measures?
The accused project copies the private repo to a public URL.
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?
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.
[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], [private], [private], [private]
Please type your full legal name below to sign this request.
[private]