10 KiB
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.
To learn about when and why GitHub may process some notices this way, please visit our README.
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.
Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?
Yes
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 an [private] for my client, Association of Certified Fraud Examiners, Inc., which owns the exclusive copyright to the materials described.
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 "CFE Exam Prep Course" is a copyrighted work owned by Association of Certified Fraud Examiners, Inc. This work is comprised of hundreds of multiple-choice questions that help prepare users to take the Certified Fraud Examiner (CFE) Exam. The content is not publicly posted, but information about the CFE Prep Course is available here: https://www.acfe.com/training-events-and-products/cfe-exam-preparation/cfe-exam-prep---study-on-your-own-options/cfe-exam-prep-course
The repository describes itself as: "An intelligent agent that answers questions for the Certified Fraud Examiners Exam (CFE Exam)" and it uses the above-referenced questions from the CFE Prep Course in its content. For instance, see this folder and subfolders for links to content from our copyrighted work: https://github.com/jjohnson346/cfe-exam-agent/tree/master/exam%20questions%20-%20all
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/jjohnson346/cfe-exam-agent.git
(The entire repository) Explanation:
I would be happy to explain why the repository in its entirety should be taken down. The sole purpose of this program is to predict answers to my client’s CFE Exam (which, besides the copyright claims herein, would constitute cheating on a professional certification exam). You can confirm this in the “About” section of the repository: “an intelligent agent that answers questions for the Certified Fraud Examiners Exam (CFE Exam).”
The functionality is completely dependent on infringing on our copyrighted work, the CFE Exam Prep Course. The program functions by analyzing text of our copyrighted work to predict the answers to CFE Exam questions. Our copyrighted work is the primary textual content that is being analyzed and, therefore, essential to the functioning of this program. Additionally, portions of our work are not confined to a few files. Below is a non-exhaustive list of links that contain our copyrighted work.
eedeee7144 (diff-66136eb2577aa9d0a10fcbeaebb04d23cc8152012f862163f440397875028482)
eedeee7144 (diff-32a86d123a0d202e447559a2a47ef78fec72d6c07d3b6ba99c5127ebcb69bc00)
eedeee7144 (diff-20476e1b4a9fdd0e03ca5cdc49c30a77ec932196bb9519cee76318b320bf2c0a)
eedeee7144 (diff-4e147cdf37650cdb6d252c182655318558e77c2e88b26e88150ddb01cf0e7d0c)
eedeee7144 (diff-97d2218b5a25935aa00228d4c2c1cdf9698e78216e7b627c144ad85db8ee4b37)
It would take numerous hours to identify every link thank contains an infringement—not because they are hard to find, but because they are so numerous. This further supports the need to remove the entire repository. There is also no room for argument that this is a fair use of our materials, the use of our copyright is widespread and systematic in the program. Moreover, it would be unreasonable and burdensome for GitHub to require us to cite every file when a cursory investigation of this program would demonstrate that its core function is fundamentally dependent on infringing our copyrighted work, and that it is designed to help individuals cheat on our certification exam. Therefore, we again ask that the entire repository be removed.
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.
No
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.
https://github.com/cezi127/cfe-exam-agent.git
https://github.com/embryml/cfe-exam-agent.git
https://github.com/juliogallardo1326/cfe-exam-agent.git
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]
Please type your full legal name below to sign this request.
[private]