5.2 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 Marimetrics Technologies' [private], Embedded Systems and am authorized to act on the Corporation's behalf on matters relating to [private]. Marimetrics Technologies Incorporated is the sole copyright owner of all code produced by employees, interns or otherwise associates of the company.
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.
We did a search on GitHub after being tipped off by an [private] at a third party company. The [private] wrote: "I've recently received the resume of a student who has said they've worked for you. As part of their coding portfolio they submitted code cloned from [private]. I suspect this code is not open-source or openly available, so wanted to check with you before continuing with this candidate."
We found code at this url: https://github.com/DirtyVoid/Marimetrics which exactly matches our original work. This repository contains three subfolders two of which correspond to embedded applications underlying products that our company is in the process of commercializing (gateway) or have commercialized (globe). One of the sub-folder (dev_utils) provides a suite of test routines. Our company name (Marimetrics) is referenced in the README.md
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
This repository should be taken down: https://github.com/DirtyVoid/Marimetrics
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?
We leverage granular, repository specific provisioning and permissions in [private] to control access to copyrighted material.
How is the accused project designed to circumvent your technological protection measures?
We suspect that the owner of the accused repository violated company policy after they had been given access to the repository to conduct their duties as an intern. We employ technological measures to control access. We use policy to enforce lawful handling of copyrighted material
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.
GitHub's fork metric display in the UI appears to show 0 forks. We will investigate if there are traces of the code anywhere else.
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.
The owner of the account is [private], DOB: [private], Nationality: [private], Country of current residence: [private], [private] email: [private] or [private]. While we recognize the importance of privacy of personal data of past and current employees, interns and associates, we feel that it is justified to provide this information given the circumstances. The third party company to whom [private] applied provided a copy of an email which clearly includes a link to the repository in question along with a resume with name [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.
Marimetrics Technnologies
[private]
[private], [private]
[private], [private]
[private]
Please type your full legal name below to sign this request.
[private]