July 11, 2018

To Whom it May Concern:

This firm represents CYBRIC, Inc. (hereafter "CYBRIC") in intellectual property matters.  

Thank you for removing the parent repository "anxiety" published by [private], username "codemouse", (hereafter "[private]") in response to our Takedown Notice dated July 9, 2018.

It has come to CYBRIC's attention that the fork repository below, published by username "karlbecker", also utilizes CYBRIC's propriety intellectual property and trade secrets (hereafter "Proprietary Information"). This Propietary Information was originally obtained by [private], a former CYBRIC employee, during the term of his employment with CYBRIC. By making "anxiety" publicly available, both [private] and "karlbecker" are infringing on at least one copyright owned by CYBRIC and other intellectual property rights held by CYBRIC. Further, publication is in violation of both [private]'s Separation Agreement and his Proprietary Information, Developments, and Restrictive Covenants Agreement with CYBRIC.

We ask that the entire fork repository be removed from your servers. As you requested, I have read and understand GitHub's Guide to Filing a DMCA Notice.

The original written work to which CYBRIC owns the exclusive copyrights is Proprietary Information. The CYBRIC work provides an orchestration and automation platform that enables customers to embed code and application security in the software development lifecycle. None of the aforementioned CYBRIC work is available under any open source license, nor is the aforementioned work available to [private], "karlbecker", or GitHub under any other license.

For your reference, the unauthorized and infringing copy can be found at: https://github.com/karlbecker/anxiety

The GitHub parent repository called "anxiety" has the stated intent to provide a "way to run multiple SAST tools against your codebase from a singular declarative configuration." The product appears to allow users to scan their Node.JS code with a number of open source and commercial SaaS tools. CYBRIC believes that this code functions similarly (or identically) to the code security features in CYBRIC's platform that [private] worked on while an employee of CYBRIC. Moreover, all three of the scanning tools are integrations that the CYBRIC platform offers, and were created while [private] was an employee of CYBRIC. "[A]nxiety" also uses the scanning tools in the same manner that CYBRIC does. The fork published by "karlbecker" is a functionally identical copy of the parent repository published by [private], with only a minor modification to the readme file. 

While there are variations in usage, tools, and structure, we believe that there is significant overlap and that, like the parent repository, this fork has utilized both Proprietary Information obtained during [private]'s employment with CYBRIC and has taken and is utilizing CYBRIC's trade secrets.

This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act ("DMCA"), and CYBRIC seeks the removal of the entire aforementioned infringing material, "anxiety", from your servers. We request that you immediately notify the infringer of this notice and inform him of his duty to remove the infringing material immediately, and to further notify him to cease any further posting of infringing material to your server in the future.

We 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 swear, under penalty of perjury, that the information in this notification is accurate and that I am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

We do not have any contact information for "karlbecker".

Thank you for your attention to this DMCA Notice. Please feel free to contact me with any questions or concerns.

Sincerely,  
/s/ [private]    
[private]  
Attorney  
Han Santos, PLLC  
500 Union Street, Suite 800  
Seattle, WA 98101  
[private]  
[private]  

____________
[private]  
Attorney

Cell. [private]  
Fax. [private]  

500 Union Street, Suite 800  
Seattle, Washington 98101  
