dmca/2023/01/2023-01-11-siemens.md
2023-01-11 21:50:20 +00:00

4.4 KiB
Raw Permalink Blame History

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 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?

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 [private] for Siemens Industry Software Inc., is the sole owner of the copyright for the material being offered for download without our authorization. The material being downloaded is an executable file for a product made by Tanner tools. Tanner tools was acquired by Mentor Graphics in 2015 (see, for example, https://www.plm.automation.siemens.com/global/de/our-story/newsroom/mentor-acquires-tanner-eda/91924). In turn, Siemens acquired Mentor Graphics in 2016 (see, for example, https://www.machinedesign.com/news/article/21834976/siemens-acquires-mentor-graphics-for-45-billion).

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 material being downloaded purports to be an executable file for an Electronic Design Automation (EDA) product made by Tanner tools. The Tanner tools are still sold today by Siemens Industry Software Inc. (see, for example, https://eda.sw.siemens.com/en-US/ic/ic-custom/).

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

https://github.com/0xcabrex/tanner-tools

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 material in the file is maintained at a private site that is only available to authorized users (e.g., customers) through a login process. In addition, all authorized users are required to execute a user agreement that requires them to maintain the product materials in confidence. Still further, execution of the code in the file requires use of a licensed dongle.

How is the accused project designed to circumvent your technological protection measures?

In addition to providing the copyrighted object code without authorization, the material available for download also includes instructions on how to circumvent the dongle requirement.

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.

Yes - we have been unable to locate any forks at this time.

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 infringers 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.

Siemens Industry Software Inc.
[private]
[private]
Tel: [private]

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

[private]