5.3 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 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.
Hi.
I have read and understand GitHub's Guide to Filing a DMCA Notice.
I'm representing OpenSpend, Inc., the creator of Salon Ultimate and Bookedby products.
You can find more about the company at our website https://salonultimate.com/, which shows the products we have, and the domain we operate in (POS and Booking Systems for Salon and SPA industry).
I'm working in the company for [private] already, as a [private].
My [private] profile: [private] proves that. Upon your request I can present more proof documents.
During our recent security scan, we have discovered that the source code of one of our products has been published into a public repository https://github.com/miljan-moldovan/mi-mo-js-test-2
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.
Our company owns the product Mobile Point of Sale (POS) product, which is published into Google Play and App Store: https://play.google.com/store/apps/details?id=com.salonultimate.pos&hl=en_US and https://apps.apple.com/us/app/salon-ultimate-pos/id1438143684
The source code of this app is stored in our private self-hosted repository, and we can't provide URLs of where the source code is. But hopefully the built product's links are enough.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
The whole public repository https://github.com/miljan-moldovan/mi-mo-js-test-2 seems to be a snapshot of our code from 4 years ago with some slight modifications to it (the author names have all been replaced by "miljan-moldovan", and a handful of commits were added on top of the snapshot - 3, 2 and 1 years ago).
We would request the whole repository to be taken down, as it contains 2541, out of which 2534 belong to us.
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 source code is stored in our private repository, on our own servers which is accessible by our in-house developers or vendors only.
How is the accused project designed to circumvent your technological protection measures?
- Our proprietary code was given to [private] (if that's the real name of the person) without our permission. This person was not working on for our company before. So it must came through someone else. We do not know full history on how he got access to our codebase, though.
- Our proprietary code was published openly as a public repository without our permission.
- How we try prevent that - is by having NDAs with every employee, contractor or vendor working before giving access to the code base. The NDA prevents sharing and publishing of our source code.
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 searched for the forked source code, and we were not able to find the forks.
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.
We're not 100% sure, but it seems that it's [private] (from the altered commits) or [private] (judging by the name, avatar photo, university)
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]