**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.**

DataDirect Networks, Inc. and its wholly-owned subsidiary, Nexenta by DDN, Inc. (together, “DDN”) are the legal copyright owners of EdgeFS (which was previously known as “NexentaEdge”) as a result of its acquisition of all the assets of Nexenta Systems, Inc., including all rights to the NexentaEdge source code. I am issuing this notice on behalf of DDN.

**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.**

After DDN’s acquisition of the NexentaEdge source code (as described above), it was renamed “EdgeFS” and was subsequently improperly open sourced under [private] without DDN’s permission.

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

The repository that was open sourced without permission is located at: [private]. We converted the repository to a private repository.

**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.**

Yes. This is the fork that should be taken down

https://github.com/20326/edgefs

**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?**

No. EdgeFS was improperly contributed as open source without the authorization of DataDirect Networks, Inc. or its wholly-owned subsidiary, Nexenta by DDN, Inc., the copyright owners.

**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?**

The repository containing the improperly open sourced code [private] has been converted to a private repository. We are requesting each user to remove and cease using any EdgeFS source code. Instead, we will offer the EdgeFS users a royalty-free license for non-commercial uses subject to the terms of our EULA.

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

No

**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.**

[private]  

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

[private]  
