dmca/2023/05/2023-05-25-cashear.md
2023-05-26 19:58:55 +00:00

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Are you the copyright holder or authorized to act on the copyright owner's behalf?

Yes, I am the copyright holder.

Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?

Yes

Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.

2170226

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 authored and established the private repositories in question while also developing their corresponding content. Previously, I held [private] of the GitHub organization Cashear and served as the sole contributor responsible for implementing a prototype for a project in the music industry. The code remains unlicensed, and the contents have always resided within private repositories, inaccessible to the public. Recently, my [private] rights were revoked by the user [private] without prior notification or consent, and subsequently, a corporate entity known as Cashear, Inc. was established by the user [private] in April 2023 (following the commits made in the mentioned repositories) with the intend of appropriating my intellectual property.

Please note that as the author of the code contained within those repositories, I have not entered into any contracts, agreements, or received any compensation from Cashear, Inc. or the user [private]. Furthermore, they have neither sought nor obtained my permission to utilize my code for any future purposes under the corporate identity of Cashear, Inc.

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 following repositories are in violation:

[private]
Private repository created by [private]. The content of this repository is [private].

[private]
Private repository created by [private]. The content of this repository is [private].

[private]
Private repository created by [private]. The content of this repository is a [private].

[private]
Private repository created by [private]. The content of this repository is a [private].

[private]
Private repository created by [private]. The content of this repository is a [private].

[private]
Private repository created by [private]. This [private]

Although I created these repositories and designated them as private, my rights to remove or retain full control over the content have been usurped without consent. It is important to note that at the time of my contributions and the initial establishment of the GitHub organization, there was no preexisting corporation known as Cashear, Inc., and no agreement was ever reached with said corporation and its members regarding the utilization of my intellectual property.

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

The entire repositories should be removed:

[private]
[private]
[private]
[private]
[private]
[private]

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.

Yes, the repositories do not appear to have been forked.

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.

GitHub user: [private]
Email: [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.

Phone: [private]
Physical Address: [private]
[private]
[private]

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

[private]