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120 lines
4.7 KiB
Markdown
120 lines
4.7 KiB
Markdown
September 6, 2016
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Via Electronic Mail
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GitHub, Inc.
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I have read and understand GitHub's Guide to Filing a DMCA Notice.
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I am writing to request that Github take down the project at the following
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link: https://github.com/implydata/plywood.
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This project infringes the copyright of Metamarkets Group, Inc. in its
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facetjs software, a proprietary repository hosted privately at
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[private].
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[image: Inline image 1]
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Facetjs was developed by Metamarkets and Metamarkets holds the copyright
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thereto.
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Plywood copies and infringes facetjs.
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A review of Plywood’s “updated legals” (https://github.com/implydata/
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plywood/commit/62af7c8b9ae0650c88117a6d0aa7729b5a4ef56f ) admits this
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copying, literally describing Plywood as “copyright, Metamarkets”:
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“Portions of this software were originally based on facetjs, copyright (c)
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2015, Metamarkets Group Inc.”
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“Copyright 2012-2015 Metamarkets Group Inc.”
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Imply Data purports to have an Apache 2.0 license to copy facetjs in the
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Updated Legals folder. However, that purported license is null and void.
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That Apache 2.0 license to facet.js was procured through fraudulent
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statements and omissions of Imply Data’s officers while they were employed
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at Metamarkets. Metamarkets has since discovered the fraud, taken the
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facet.js repository private as of July 19 2016, and ceased offering any
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version of facet.js to anyone under an Apache 2.0 license.
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In addition, Imply Data breached the material terms of the Apache 2.0
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license by failing to comply with the redistribution conditions of the
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Apache 2.0 license, such as Paragraph 4(b) which requires the user to
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“cause any modified files to carry prominent notices stating that You
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changed the files.”
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On July 11, 2016 Metamarkets informed Imply Data that its use of facet.js
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code was unauthorized, but Imply Data persisted in its infringement. On
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August 19, 2016 Metamarkets reiterated that point to Imply Data, including
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that any Apache 2.0 license Imply Data may have had was expressly revoked.
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See TVT Records v. Island Def Jam Music Group, 412 F.3d 82, 92-93 (2d Cir.
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2005) (fraudulently induced license may be rescinded); Lulirama Ltd., Inc.
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v. Axcess Broadcast Servs., Inc., 128 F.3d 872, 882 (9th Cir. 1997)
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(copyright licenses that are not supported by consideration may be
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revoked); see also 3 Nimmer on Copyright § 10.15 [A] (6th ed. 1978)
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(“Rescission may also be based on fraud in the inducement”). Imply’s
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infringement nevertheless continued. Metamarkets’ DMCA notice to Github
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followed on August 24, 2016.
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The following screenshots illustrate the identical or nearly identical
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structure, sequence and source code between Metamarkets’ facetjs and Imply
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Data’s Plywood.
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● src/ directory listing -- Metamarkets’ facetjs (private repository)
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on left, and Imply Data’s Plywood on right, with substantially similar file
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and subdirectory names.
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[image: Inline image 3]
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● src/datatypes subdirectory -- Metamarkets’ facetjs (private
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repository) on left, and Imply Data’s Plywood on right, showing largely
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identical subdirectory structure.
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[image: Inline image 4]
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● src/datatypes/range.ts - An example file in this directory,
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Metamarkets’ facetjs on left, Imply Data’s Plywood on right, showing
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identical function names and line-for-line code.
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[image: Inline image 5]
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● docs/introduction.md – Imply Data’s Plywood initial commit on left,
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Metamarkets’ facetjs on right. The only differences in these two files is
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that the word “plywood” has been substituted at every occurrence of
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“facet.js.”
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[image: Inline image 6]
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● docs/plySQL.md and docs/fSQL.md - Imply Data’s Plywood initial
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commit on left, Metamarkets’ facetjs on right. Here the only difference in
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the files is the strings ‘plySQL’ and ‘plywood’ have replaced all
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occurrences of ‘fSQL’ and ‘facet’, respectively
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[image: Inline image 7]
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● package.json - description of the package. On left, Metamarkets’
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facetjs (with other contributors listed); on right, Imply Data’s Plywood,
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with contributors section removed.
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[image: Inline image 8]
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The entire Plywood repository must be taken down immediately in order to
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prevent further infringement of facetjs, and further harm to Metamarkets.
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I have a good faith belief that use of the materials described above on the
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infringing web pages is not authorized by Metamarkets Group, Inc., or its
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agent, or the law.
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I swear, under penalty of perjury, that the information in this
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notification is accurate and that I am authorized to act on behalf of the
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owner, of an exclusive right that is allegedly infringed.
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Sincerely,
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[private]
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<http://www.metamarkets.com/>
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[private]
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[private] | METAMARKETS <http://www.metamarkets.com/>
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m [private] | t [private]
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[private]
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