3.9 KiB
Dear DMCA Agent:
Fonss & Estigarribia LLP represents [private] (our “Client”). Our Client entered into that certain Software Development Agreement with GADAI LLC (“GADAI”) dated as of June 1, 2022 (the “Development Agreement”), attached hereto as Exhibit A, for the purpose of engaging GADAI to develop the Our Serendipity mobile application (the “Our Serendipity App”). Pursuant to Section 4.1 of the Development Agreement, ownership of all materials, including, but not limited to, software, programs, source code and object code, (collectively, the “Products”) developed by GADAI in connection with the development of the Our Serendipity App, belong exclusively to our Client. Such ownership includes, but is not limited to 1) the exclusive rights to reproduce, prepare derivative works from, distribute copies, and publicly display the applicable Products, as afforded in copyright pursuant to Title 17 of the United States Code (“Copyrights”); and 2) the exclusive rights to disseminate Products maintained in confidence that derive independent economic value, as afforded in Title 18 Chapter 90 of the United States Code (“Trade Secret Rights”).
However, it has come to our attention that on December 16, 2022, an individual associated with GADAI operating under the username “[private]” published Products under an account titled “HoneyCreator” to GitHub.com (“GitHub”) without the authorization of our Client to two repositories (“Repositories”) as provided in Exhibit B attached hereto. The entirety of content within the Repositories constitutes extremely sensitive, confidential, and proprietary information, including but not limited to, the Our Serendipity App source code for both the mobile and administrative application. The publication of which poses a tremendous security risk to our Client, the operations of the Our Serendipity App, and the privacy of users of the Our Serendipity App.
Following our discovery of GADAI’s unlawful publication of the Products to GitHub, our office has repeatedly contacted GADAI requesting deletion of the Repositories. Despite receiving confirmation of delivery of our requests for deletion sent to GADAI’s office, as evidenced in Exhibit C attached hereto, we have yet to receive a response from GADAI.
I have read and understand GitHub's Guide to Filing a DMCA Notice. I am certain that use of the copyrighted materials described above is not authorized by the copyright owner, its agent, or the law, and that the entirety of the content published to GitHub within the Repositories constitutes infringing material. I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorized to act on behalf of the owner of an exclusive right that has been infringed. I have taken fair use into consideration. Each instance of GADAI’s publication of the Products to the Repositories constitutes 1) a breach of the Development Agreement violating our Client’s exclusive ownership of the Products afforded therein; 2) an infringement of our Client’s Copyrights of the Products; and 3) a violation of our Client’s Trade Secret Rights of the Products.
We request that GitHub immediately delete the Repositories as provided in Exhibit B attached hereto, and any copies of the content therein that have been published to GitHub. Please provide written confirmation to the electronic mailing address below following such deletion. We appreciate your cooperation. Please reach out to me at [private] or [private] if you have any questions.
Exhibit A
Development Agreement
See attached
Exhibit B
Schedule of Repositories Containing Infringing Material
https://github.com/HoneyCreator/Social-App-BackEnd-Admin-Panel
https://github.com/HoneyCreator/Social-App
Exhibit C
Confirmation of Delivery of Takedown Request to GADAI
See attached
Regards,
[private]
[private]
Direct: [private]
Email: [private]