diff --git a/2017/2017-03-06-NNG.md b/2017/2017-03-06-NNG.md new file mode 100644 index 00000000..53979d2e --- /dev/null +++ b/2017/2017-03-06-NNG.md @@ -0,0 +1,85 @@ +Dear [private]: + +As you know, we are outside intellectual property counsel for NNG, Kft. (“NNG”). I am +writing to follow up on all prior correspondence written on behalf of NNG, including [private]’s prior correspondence to GitHub, and to provide an updated and supplemented version of my cease and desist letter dated February 22, 2017. This letter is intended to function as +both a notice under 17 U.S.C. § 512(c)(3) and § 1201. + +We believe that GitHub’s requirements for a notice under 17 U.S.C. § 1201 as you set +forth on March 1, 2017, are not supported by the statute or applicable case law. Nevertheless, +per your request, I am providing the following information. Under penalty of perjury, we are +authorized to act on behalf of NNG and NNG owns exclusive rights in the copyrighted works +identified in Section 1 below. NNG has a good faith belief that the material complained of herein +is not authorized. NNG believes that the information contained herein is accurate. My electronic +signature is reflected below. I may be contacted through the contact information above. + +I. Copyrighted Works at Issue + +NNG is the owner of all copyrights in its iGo brand navigation software, including, without +limitation, the following U.S. copyright registrations: + +Title of Work | Registration Number | Author | Completion Date | Registration Date +------------- | ------------------- | ------ | --------------- | ----------------- +iGo 2008 | TX0007685142 | NNG Kft | 2007 | 5/29/2013 | +iGo Amigo | TX0007685141 | NNG Kft | 2009 | 5/29/2013 | +iGo Primo | TX0007685140 | NNG Kft | 2010 | 5/29/2013 | +iGo Primo 9.6.2.202130 | TXu001912433 | NNG Kft | 2011 | 10/7/2014 | +iGo Primo 9.6.2.209584 | TX0007926787 | NNG Kft | 2011 | 10/7/2014 | + +(Collectively, the “Copyrighted Works”). + +II. Links to GitHub Content At Issue + +Group A: The following links (along with all copies and forks of JCI_NNG_Tool.exe, nng_patcher.exe and nng_patcher.py) are software used to circumvent the digital rights management of NNG software through: (1) removal of hardware key detection in the navigation executable; (2) removal of the check to determine whether the content is licensed; and (3) removal of protections ensuring driver safety and legal compliance. + +https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/tools/JCI_NNG_Tool +https://github.com/Trevelopment/MZD-AIO-TI/tree/master/tools +https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/tools/nng_patcher ((1) and (2) only) +https://github.com/diorcety/mazda3/tree/master/nng ((1) and (2) only) + +Group B: The following links are to information for circumventing digital protections of NNG software on head units: + +https://github.com/Siutsch/AIO---All-in-one-tweaks/blob/master/choose/docs/Mazda%20Navigation%20Instruction%20Rev.2.pdf +https://github.com/DaveX81/mazdaMZDTweaks +https://github.com/diorcety/mazda3/wiki/NNG-Speedcam-patching +https://github.com/diorcety/mazda3/wiki/NNG-CID-patching + +Group C: The following links are to illegal copies of NNG code and data files: + +https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/config_all/speedcam-patch/color/_skin_jci_bluedemo.zip +https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/config_all/speedcam-patch/jci/nng +https://github.com/Siutsch/AIO---All-in-one-tweaks/blob/master/choose/config_all/speedcam-patch/jci/nng/project_config/igo9.ini + +III. Legal Bases for Demand + +GitHub’s distribution of the foregoing code violates the Copyright Act of 1976, 17 U.S.C. +§ 101 _et seq._, including § 501. GitHub’s conduct also violates the anticircumvention provisions +of the Digital Millennium Copyright Act, 17 U.S.C. § 1201. Specifically, among other violations, +GitHub is offering to the public, providing, or otherwise trafficking in technology, a product, +service or component thereof that is, among other things, primarily designed or produced for the +purpose of circumventing a technological measure that controls access to the Copyrighted +Works or protection afforded by a technological measure that effectively protects NNG’s rights +in the Copyrighted Works. _See_ 17 U.S.C. § 1201(a)-(b). As a result, GitHub is subject to liability +for actual damages, statutory damages, and attorneys’ fees and costs, as well as injunctive +relief. _See_ 17 U.S.C. § 1203. + +IV. Demand + +NNG hereby demands that GitHub immediately disable or remove access to content +located at the links identified above. NNG further demands that GitHub: (a) provide us with a +report by March 10, 2017, showing all downloads and views of the subject code and +instructions, including the user names, contract information, and IP addresses; (b) preserve all +evidence relating to the subject code; and (c) provide us by March 10, 2017, with a written +explanation of GitHub’s legal position. + +This is NNG’s final attempt to obtain GitHub, Inc.’s compliance prior to filing a federal +lawsuit against GitHub. If GitHub does not disable or remove access to the content listed at the +links above by 5:00 p.m. PST on Monday, March 6, 2017. NNG will file a federal lawsuit +against GitHub. We hope to avoid taking this action, but, at this point, GitHub is leaving us with +no reasonable alternative. + +NNG expressly reserves all of its rights and remedies. Nothing herein should be +construed as a waiver. + +Sincerely, +[private] +Lewis Roca Rothgerber Christie LLP