6.3 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.
I am an [private] of LiveScore Group Limited, and I am authorised to submit this takedown notice on behalf of the LiveScore Group Limited. I have read and understand GitHub's Guide to Filing a DMCA Notice.
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 original confidential and copyrighted works, being the code of the Lithium platform that this DMCA claim is subject of, was developed and owned by Wonderlabz, a South Africa-based gaming software development company whose developments focused on the Lithium PAM and back-office platform (“Lithium”).
In November 2023, Wonderlabz was acquired by LiveScore Group Limited (“LSG”), which is the operator of the renowned, leading real-time sports data provider and streaming service brand LiveScore and award winning sports betting brands LiveScore Bet and Virgin Bet (please see press release here: https://livescoregroup.com/press-news/livescore-group-announces-acquisition-of-wonderlabz/).
Following this transaction, as of November2023, the ownership of all aspects of the proprietary Lithium platform, including the source code that forms part of it and related IP rights, was transferred to LSG.
The Lithium platform and code behind it are now proprietary of LSG and, to the best of LSG's knowledge, have never been previously publicly published.
We believe GitHub user “[private]” (GitHub URL: https://github.com/Tshepho-Motala) to be an individual named [private], who was an employee of Wonderlabz in South Africa prior to the LSG acquisition. On or around 5 April 2023, [private] ceased employment at Wonderlabz. Based on the publicly available information on Github, on or around 14 April 2023, [private] user “[private]” (GitHub URL: https://github.com/Tshepho-Motala) uploaded to Github, the source code to the Lithium platform without permission or authorisation from Wonderlabz for public access.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/Tshepho-Motala/App-lithium/tree/master
https://github.com/Tshepho-Motala/App-lithium/tree/main
https://github.com/Tshepho-Motala/app-lithium-full/tree/main
https://github.com/Tshepho-Motala/app-lithium-full/tree/master
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 to the Lithium platform resides in [private], and only authorised developers have access to this tool/tooling via strict employee credentials and password control. All pull and push request are logged and reviewed. However, this individual pushed the Lithium code from their machine, without authorisation, to a personal Github account.
The individual who we believe to own the [private] account “[private]” (GitHub URL: https://github.com/Tshepho-Motala) is an ex-employee of the organisation that previously contributed towards the Lithium platform as part of the employment responsibilities, which LiveScore Group Limited now owns. As noted, the individual created the personal repository without permission or authority when they left the organisation, and it was published on the web, which is arguably a breach of their employment conditions and confidentiality obligations.
How is the accused project designed to circumvent your technological protection measures?
The source code to the Lithium platform resides in [private], and only authorised developers can access it via password protection and the provision of employment credentials. The individual created the personal repository without permission or authority around the time they left the organization, and it was published on the web, again without authorisation or permission.
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.
To the best of LSG's understanding, the repositories have not been forked into other GitHub repositories.
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.
Not at this time.
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.
LiveScore Group Limited
[private]
[private]
[private]
Please type your full legal name below to sign this request.
[private]