6.1 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.
Date: [private]
Github, Inc
[private]
[private]
Attention: DMCA Agent
DMCA Takedown Notice
To whom it may concern,
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I am the [private] at Crimson Consulting Limited, the parent company of JIFox Education Pty Ltd, who together trade as Crimson Education and Revision Village (together, the “Complainant Parties”).
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We are contacting you in connection with a repository hosted on GitHub, found here: https://intelarcx720410.github.io/ (the “Infringing Repository”). This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and we seek the removal of the aforementioned Infringing Repository from your servers.
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The Complainant Parties own and operate revisionvillage.com (the “Website”). The Website is an online study resource for International Baccalaureate (“IB”) students, containing exam-style questions, mark schemes and video solutions. The Website includes original past exam questions, titled ‘Questionbank’, and practice exams for the subjects of IB Math, IB Biology, IB Chemistry and IB Physics. In addition to the Website, the Complainant Parties maintain special technology used in connection with the Website, services, all software, material, information, communications, text, graphics, links, electronic art, animations, audio, video, photos, and other data available within the Website (altogether the “Copyrighted Works”). The Complainant Parties are the sole copyright owners of the Copyrighted Works.
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A user must sign-up to access a limited number of the Copyrighted Works. A user may then pay for ‘Revision Village Gold’ to obtain unlimited access to the entire Copyrighted Works, creating a ‘paywall’. This permits the Complainant Parties to commercialise the Copyrighted Works through the Website.
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It has come to our attention that the Infringing Repository contains a near-complete copy of the Copyrighted Works. Multiple customers have shared concerns about the Infringing Repository, particularly that it is undermining the service by distributing paid subscription materials for free. This means users can freely access the Copyrighted Works which would normally be behind the Website’s paywall. Within the Infringing Repository, the Questionbank and practice exams are organised by topic in the exact same format as on our website and can be found under the headings “Analysis & Approaches” and “Applications & Interpretation”. Furthermore, the Infringing Repository contains copies of video content, still with the Revision Village logo within. By way of illustration, in Appendix 1 we set out several examples of our Copyrighted Works within the Infringing Repository. You will note that the video content in the Infringing Repository has a Revision Village logo in the middle and the questions are identical in every respect to the Copyrighted Works from our Website. This entire repository is infringing upon the Copyrighted Works identified in this notice and therefore must be deleted in its entirety.
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The conduct set out in paragraph 5 represents a serious breach of our Website’s terms and general copyright law. The intellectual property rights terms on the Website explicitly state that “individuals may not copy, reproduce, publish, distribute, modify, create derivative works of, rent, lease, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit any part of the Revision Village content or our services in whole or in part unless expressly authorised by Revision Village or the relevant third party owner.” The terms also state that “all material on the Revision Village website is for individual use only and account ownership may not be transferred or shared with other people.” These terms can be found at this link: https://www.revisionvillage.com/terms-and-conditions/.
Further matters
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I have read and understand GitHub's Guide to Filing a DMCA Notice.
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I have taken fair use into consideration. Fair use cannot be used as a justifiable defence for the use of the Copyrighted Works as the Infringing Repository contains an entire copy of the Mathematics Copyrighted Works which completely undermines the Complainant Parties' ability to commercialise their valuable intellectual property.
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There are no known forks of the Infringing Repository.
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The Complainant Parties have security measures in place to control access to our Copyrighted Works, including CORS, Domain Restrictions and Authentication.
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I have a good faith belief that use of the Copyrighted Works described above in the Infringing Repository is not authorised by the copyright owner, or its agent, or the law. I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Requests
- Finally, we request that Github:
a) immediately notifies the infringer of this notice and informs them of their duty to remove the Infringing Repository immediately;
b) notifies the infringer to cease and desist from any further posting of our Copyrighted Works to Github in the future;
c) immediately and permanently bans the infringer from using Github in the future; and
d) if the infringer does not remove the Infringing Repository themselves, then we request that Github deletes it.
Sincerely,
[private]
Name: [private]
Title: [private]
Kind Regards,
[private]
P [private] | E [private]
[private]