dmca/2024/09/2024-09-16-nss.md

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.

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Dear GitHub

DMCA Take Down Notice

1. We “Claranet” act for NotSoSecure Global Services Limited (“NSS”), NSS is a Claranet
   group company. We write in relation to a course on GitHub that is infringing
   Claranet’s and NSS copyright as set out below. Please take this letter as a formal
   complaint and request to remove/take down the offending content set out below.

2. We have read and understand GitHub's Guide to Filing a DMCA Notice.

3. By way of background NSS created the content for a course they run called the
   “Hacking and Securing cloud” course. For more information, please refer the below
   link: https://notsosecure.com/security-training/hacking-and-securing-cloudinfrastructure

4. This course was delivered by NSS, part of the Claranet group of companies. This
   course is proprietary material and is for access by paying students and run virtually.
   The course was not freely open to the public and is protected. Attendees had to pay
   a fee to attend and in order to access such materials. Attendees were not authorised
   to make any recording or copies of the course, nor to publicly distribute the
   accompanying materials. The materials were shared with the attendees for their use
   only in completion of the course.

5. This course consisted of; the presentation/slide show, the notes for the
   presenter/trainer, the answers to the course exam and the accompanying materials
   for the students. Each of these individually and as a collection is a literary work
   pursuant to s.3(1) of the Copyright, Designs and Patents Act 1988 (“CDPA”).

6. It has since transpired that one attendee recorded and took a copy of the course and
   materials, without the consent of Claranet or NSS and has shared the course and
   provided student materials from the course on GitHub. The content found at the
   following link (“GitHub Link”):
   bf0474581d/nss.cloud.hacking

7. The entire content posted at the GitHub Link above is in breach of the terms of use
   and terms for the course, as well as the CDPA.

8. Under s.11 CDPA Claranet and NSS are the owners of the copyright within each
   recording and literary copies of the course and the individual accompanying content.
   It is also the owner of the copyright within the collection all of these as a whole.

9. All content created for the course is marked with a copyright notice. An example of
   this is shown below. There is also a copyright notice on the portal attendees sign into
   to obtain the accompanying material for the course and on any supplementary
   documentation distributed as part of the course.

10. The course content has been shared on and is publicly available on GitHub via the
    student’s handle on GitHub, found in the student’s “Files” and “Web” folder, file
    name “nss.cloud.hacking” and this complaint is therefore within the scope of your
    copyright complaints process. The content has been shared, as shown in the
    screenshots below:

[private]

11. NSS has already submitted a notice through GitHub’s DMCA process, a copy of which
    is attached to this letter. The GitHub Trust & Safety team has requested clarifications
    summarised below:

(a) Is this a student’s own work? Please see image above which highlights NSS’
content and the same content as copy on the student's GitHub file. The content
uploaded to GitHub in the file, is a copy of NSS’ course proprietary content. It is
not the student’s own work.

(b) Suggestion that NSS contact the student directly: NSS and Claranet have
attempted to make contact with the student, but they only have the student’s [private] handle: [private]. Contact has not been
successful.

(c) Bring this infringement to the trainers attention and provide guidance to
students: The representative of NSS that submitted the recent DMCA application
to GitHub is the course trainer and already provides such guidance notice to
students.

(d) Please provide evidence that NSS/Claranet owns the copyright to the course and
content and is protected under copyright: This notice and complaint including its’
content and supporting evidence clearly proves copyright and ownership by NSS
and Claranet.

12. NSS/Claranet’s copyright is being blatantly infringed by the sharing of the content
    without the consent, licence or authorisation of Claranet. This unauthorised sharing
    amounts to infringement under s. 17(1) and (2), s.18(1) and s.20(1) CDPA.

13. In light of the above, we ask that you immediately remove/suspend/permanently
    block the channel/source identified above and remove and disable all files and
    shared links from those channels.

14. We await your response as a matter of urgency. In the meantime, rights are
    expressly reserved.

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 a good faith belief that use of the copyrighted materials described above on the
infringing web pages is not authorised by the copyright owner, or its agent, or the law.

I have taken fair use into consideration.

Yours faithfully

[private]

[private]
[private]
Claranet Ltd
On behalf of NotSoSecure Global Services Limited

Email: [private]
Tel: [private]