**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.

**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**

I am the [private] for the American Driver Network. A network of over 500 trucking related employment services. I designed and managed the development of this repo from 2013 to present day. My initial commit is the first one on this repo and though I have added little code, I approve every pull, and enforce what standards we have held to this point in development. I have been the voice behind every new feature and enterprise choice regarding this repo. There is no-one more equipped to inform you that this repo violates our IP and exposes our production assets to risk.

To the issue...

We've got an illegally forked (copied) repo. We've asked the end-user (cmax727) to remove the repo (in the issue linked below) but have experienced no reply since 2017. I thought this had been handled already but it appears not to be so.

Removal Request 2017 (zero reply):
[private]

**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 own the source from which this was forked and have a working record of this within GitHub proper. We're running million-dollar a year infrastructures (may not be much for GitHub but it's a big deal for our little team) to support this code. This code provides the backbone for a network of 500+ websites of which the flagship is https://truckdriverjobsinamerica.com. The API acts as the CRUD interface for this entire system and is absolutely critical to daily operations:  

[private]

If you review the first commit it clearly belongs to my repo and is identical to the official first commit located in our "paid" and "private" repo:
Original Init: [private]
Offending Init: https://github.com/cmax727/adn-csapi-v2/commit/38923919eadeeb01c386440e98a0c2829dbd0590

Additionally, the final three commits for this "version 2" of my API are lack-luster and should not account for enough alteration to be considered another code-base. This was clearly stolen (initialized from a local repo) on November 15th, 2015 under fishy messages like "#122 db uploaded":
https://github.com/cmax727/adn-csapi-v2/commits/master

Not to mention there is real data being stored publicly:
https://github.com/cmax727/adn-csapi-v2/commit/50dc5798ee0e2a12197056dc12d7fcf328b54f5d#diff-a19e82f1e9a306f0d9fa8638716d5aa6

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

This entire repo is in violation as they did not have permission to make such a copy. As you can see it was not forked officially but copied without permission.

https://github.com/cmax727/adn-csapi-v2

**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.**

We have searched for additional instances and ahve found none. This entire repo is all that we are able to locate.

**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**

The entire work is NOT LICENSED under any GPL, Creative or Opensource license whatsoever. We do however utilize some opensource frameworks within the total work, none of which take licensing precedence over our own IP claims against the code in this repo as the vast majority is proprietery.

The repo in question merely utilizes the following opensource tools and in no way has legal precedent to claim freedom of use for the remaining 99% of the working code.

The following opensource tools are at work within the repo but bear no ownership of the actionable workings and do not represent any portion of our complaint. however to separate them from the work would be a dubious and lengthy task and wholly beyond reasonable for this request. Especially in light of the obvious origin of this illegal fork.

- node.js
- express.js
- locomotive.js

**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal? Can the repository be made private?**

Just take the repo offline and remove this user's access to it completely.

**Do you have the alleged infringer’s contact information? If so, please provide it.**

I do not, he was hired through [private] but has since disappeared.

**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 <a href="https://www.lumendatabase.org/topics/22">fair use</a> 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 <a href="https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.**

**So that we can get back to you, please provide either your telephone number or physical address.**

Phone: [private]  
Skype: [private]  
Github: https://github.com/[private]

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

[private]
