My name is [private], and I am [private] for PMG Worldwide, LLC (“PMG”) and duly authorized to act on behalf of PMG in connection with the submission of this Takedown Notice. I confirm that I have read and understand Github’s Guide to Submitting a DMCA Takedown Notice.

On or about July 22, 2015 while [private] (GitHub Username – Blackburn29) was employed by PMG and bound by the terms of employment agreement described below, [private] posted PMG’s confidential source code to GitHub along with PMG’s confidential email/login credentials for an email application known as “Mailgun”.

The postings are located at the following URLs:

https://github.com/Blackburn29/GoWamp/blob/master/app/util/email.go  
https://github.com/Blackburn29/ToneDef/blob/master/app/util/email.go

PMG is the owner of this source code and login credentials, and at no time did PMG consent to this posting and disclosure. PMG first learned of this posting on GitHub or about January 30, 2018 when someone unaffiliated with PMG executed this software as a result of [private]’s posting sending an email blast using PMG’s credentials through Mailgun which resulted in a significant expense to PMG.

On February 2, 2018, PMG’s legal counsel sent [private] a cease and desist letter asking him to take down this unauthorized posting by February 9, 2018. To date, [private] has failed to taken down the unauthorized posting.

By way of background, [private] was hired as an employee of PMG on or about March 11, 2015 at which time he executed an Employment Agreement with PMG. The Employment Agreement survived the termination of [private]’s employment and prohibited him from engaging in certain conduct both during and after the termination of his employment with PMG. Specifically, Section 3(c) of his Employment Agreement specifically provided that any and all source code and other intellectual property created by [private] in the course and scope of his employment with PMG are considered works made for hire and automatically become the exclusive Intellectual Property of PMG and are subject to all restrictions included in his Employment Agreement pertaining to PMG’s Intellectual Property. Moreover, Section 3(a) of the Employment Agreement specifically prohibited him, during his employment with PMG and any time thereafter, from disclosing PMG’s Intellectual Property, its source code and its trade secrets, to any person or making use of any such information for his or for any third party’s benefit.

The source code [private] posted to Github was PMG’s Intellectual Property as a result of [private]’s creation during the course and scope of his employment with PMG as a work made for hire, and the posting of that source code to Github along with PMG’s email/login credentials for the “Mailgun” application (and allowing such Information to remain posted in the public domain since it was initially posted) violated the terms of his Employment Agreement.

PMG hereby requests that the following files should be taken down from Github immediately to avoid any additional harm to PMG:

https://github.com/Blackburn29/GoWamp/blob/master/app/util/email.go  
https://github.com/Blackburn29/ToneDef/blob/master/app/util/email.go

These works are not licensed under an open source license.

To the best of knowledge, [private]’s contact information is as follows:

[private]

I have a good faith belief that the use of the copyrighted materials described above on the infringing web pages is not authorized by PMG, or its agent, or the law. I have taken fair use into consideration.

I swear, under penalty of perjury, that the information in this notification is accurate and that I am the duly authorized representative of the PMG, the copyright owner of the exclusive right identified above, that is allegedly infringed by [private].

Should you have any questions, please do not hesitate to contact me.

Respectfully submitted,

[private]  
Lidji Dorey & Hooper  
500 N. Akard Street, Suite 3500  
Dallas, Texas 75201  
[private]
