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Merge pull request #319 from github/update-1443027435

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2015-09-23 11:57:19 -05:00
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September 21, 2015
Via Email Only
copyright@github.com
GitHub, Inc.
Attn: DMCA Agent
88 Colin P Kelly Jr. St
San Francisco, CA. 94107
Re: DMCA Removal Request
To the Person of Greatest Authority:
On behalf of GitHub, Inc. (“GitHub”), you are hereby given notice valid under the Digital
Millennium Copyright Act (DMCA) infringement notification requirements as set forth at
17 U.S.C. § 512 that there is material hosted on GitHub’s servers that violates my client’s
intellectual property rights. Demand is hereby formally made that this material be
disabled from public display.
I am the designated agent for Vibe Media, Inc. (“Vibe Media”), operators of a leading
online adult directory website. I am authorized by Vibe Media to send this notice.
The offending content violating my client’s copyright can be found at the following url:
https://github.com/vladkrasovsky/site1
This is proprietary source code for Vibe Media’s website, cityvibe.com. The source code
accessible at the above link was created and is owned by Vibe Media, and my client
has not authorized its public dissemination.
You are using my client’s original work of creative expression in a manner that was not
authorized by the owner of the copyright, its agents, or the law.
On behalf of Vibe Media, I demand that upon receipt of this notification, you
expeditiously remove or disable access to the above claimed infringing material.
I certify under penalty of perjury that I have a good faith belief that the information
contained in this notification is accurate to the best of my knowledge and that I am
authorized to act on behalf of the owner of the aforementioned copyright protected
material.
Although this notice complies with the notice and take down procedures set forth at 17
U.S.C. § 512(c) or other subsections of Title 17, it should not be construed as an admission
that your company is, indeed, eligible for the safe harbor provisions set forth therein.
Repeat infringers, both hosting companies and the websites they host, may lose their
safe harbor eligibility due to repeated and flagrant disregard for copyright laws. Web
hosts may lose their DMCA safe harbor protections if they insist on harboring repeat
infringers.
Under the subpoena provisions of 17 U.S.C. § 512(h) or other legal process, my client may
seek identifying information for the individuals responsible for posting these infringing
works, including without limitation, time stamped IP addresses for each of the individuals.
Therefore, my client requests that your client preserve any and all information relating to
the publishing of this material. Your client should maintain all files, computer code, and
other records relating to these individuals and that corresponding forum where the
infringements were discovered.
This notice does not constitute a waiver of any of the copyright owner’s legal rights or
remedies in this or any other matter, all of which are hereby fully and expressly reserved.
Your immediate attention to this matter is expected. Please inform me when this demand
has been complied with so that I may re-inspect the site for compliance.
Sincerely,
[private]