Re: DMCA Circumvention Violations  

To Whom it May Concern:  

I represent Facebook, Inc. and Instagram, LLC (collectively, the “Company”).  I am writing to report a violation of GitHub’s copyright/DMCA policies.  I have read and understand GitHub’s Guide to Filing a DMCA Notice.  

1. Nature of Authorization to Submit Notice  

The Company maintains technological measures to control access to and protect Instagram users’ posts, which are copyrighted works.  This notice relates to GitHub users offering, providing, and/or trafficking in technologies, products, and/or services primarily designed to circumvent the Company’s technological measures.  The Company has authority to act on its own behalf in this manner.  

2. Technological Measures  

The Company controls access to and protects Instagram’s users’ copyrighted works through a variety of technological measures.  These include measures to prevent automated collection and downloading of users’ posts, which include copyrighted works; the requirement for a valid access token, and/or an authorized Instagram account (with an authorized username and password) in order to use Instagram mobile applications to gain access to users’ posts; rate-limiting and bot-detection software to prevent automated use of the Instagram application and access to users’ posts; limitations on which entities may use particular versions of Instagram’s APIs; and technological measures that prevent automated “liking” and commenting on users’ posts.  Further, the Company does not offer the Instagram private API to the public or unauthorized third-party developers.   

3. Description of Alleged DMCA Violation  

GitHub users s1lviu, AndyGotfridt, badalrai, cloudworxx, dburiy, dmca-does-not-apply-canada, JMDTol, safhome, sonyarianto, vinhosdeluxo, wowDaiver maintain repositories that are (or were) forks of the mgp25 Instagram-API, which was recently taken down pursuant to the Company’s previous DMCA takedown request.  The URL for these Instagram-API repositories are provided next to the names of the GitHub users below.  These Instagram-API repositories offer a tool expressly designed to circumvent the Company’s effective access controls and protection measures by avoiding, bypassing, removing, deactivating, or impairing the Company’s technological measures without the authority of the copyright owners or the Company.  These repositories are designed to emulate the official Instagram mobile app when communicating with Instagram’s servers, which allows users of these repositories to send and receive data (including receiving legitimate, copyrighted posts by Instagram’s users) through Instagram’s private API.  These repositories also permit other types of access to, and collection of, Instagram’s users’ copyrighted works in manners that exceed the scope of access and functionality that would be permitted by a user with a legitimate, authorized Instagram account.  

s1lviu - https://github.com/s1lviu/Instagram-API

AndyGotfridt - https://github.com/AndyGotfridt/Instagram-API

badalrai - https://github.com/badalrai/Instagram-API

cloudworxx – https://github.com/cloudworxx/Instagram-API

dburiy – https://github.com/dburiy/Instagram-API

dmca-does-not-apply-canada – https://github.com/dmca-does-not-apply-canada/Instagram-API

JMDTol – https://github.com/JMDTol/Instagram-API

safhome – https://github.com/safhome/Instagram-API-1

sonyarianto – https://github.com/sonyarianto/Instagram-API-1

vinhosdeluxo – https://github.com/vinhosdeluxo/Instagram-API-1                    

wowDaiver – https://github.com/wowDaiver/Instagram-API-1

4. Files to be Taken Down  

The repositories provided at the URLs above.  

5. Forks In Violation of the DMCA Circumvention Law  

The above-referenced repositories previously appeared as forks of the mgp25 Instagram-API repository that was recently taken down by GitHub pursuant to the Company’s request.  The above-referenced repositories now appear as being forks of GitHub user s1lviu’s Instagram-API repository, which is also provided above.  

6. Requested Action  

The Company requests that the Instagram-API and Instgram-API-1 repositories identified by the URLs above be removed from the platform entirely.  This is the only remedy that would cure the unauthorized offering, providing, and/or trafficking in technologies, products, and/or services primarily designed to circumvent technological measures that effectively control access to, and protect, copyrighted works on Instagram.  

*          *          *

I have a good faith belief that s1lviu, AndyGotfridt, badalrai, cloudworxx, dburiy, dmca-does-not-apply-canada, JMDTol, safhome, sonyarianto, vinhosdeluxo, wowDaiver are offering, providing, and/or trafficking in technologies, products, and/or services primarily designed to circumvent technological measures that effectively control access to, and protect, copyrighted works on Instagram, and that this activity is not authorized by the Company or Instagram.  

I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorized to act on behalf of the Company, which maintains and controls the technological measures that effectively control access to, and protect, the copyrighted works on Instagram.  

                                                                                   

 

Sincerely,

/s/ [private]

[private]

[private]

Paul, Weiss, Rifkind, Wharton & Garrison LLP

2001 K Street, NW

Washington, DC 20006-1047

[private]

 

Sender Email Address:[private]

Company Email Address:[private]
