From 3e91e33d8edfd9f9dd097945f7e2b88d0eb6594b Mon Sep 17 00:00:00 2001 From: Hubot Date: Wed, 7 Sep 2016 16:27:21 -0700 Subject: [PATCH] Process DMCA request --- 2016/2016-09-07-Facet.md | 101 +++++++++++++++++++++++++++++++++++++++ 1 file changed, 101 insertions(+) create mode 100644 2016/2016-09-07-Facet.md diff --git a/2016/2016-09-07-Facet.md b/2016/2016-09-07-Facet.md new file mode 100644 index 00000000..70381ac0 --- /dev/null +++ b/2016/2016-09-07-Facet.md @@ -0,0 +1,101 @@ +September 2, 2016 +Via Electronic Mail +GitHub, Inc. + +Attn: DMCA Agent +88 Collin P Kelly Jr St. +San Francisco, CA 94107 +copyright@github.com + +Re: DMCA Takedown Notice For https://github.com/implydata/imply-pivot and +Notice of Repeat Infringer + +To Whom It May Concern: + +I have read and understand GitHub's Guide to Filing a DMCA Notice. + +I am writing to request that Github take down the project at the following +link: https://github.com/implydata/imply-pivot. + +This project infringes the copyright of Metamarkets Group, Inc. in the +proprietary, interactive visualization software called Facet, described at +https://metamarkets.com/2015/introducing-facet/. Facet was developed +internally at Metamarkets and Metamarkets holds the copyright thereto. +Facet is only available to Metamarkets customers who purchase a license to +use Facet. + +The project at https://github.com/implydata/imply-pivot is a re-uploaded +copy of an infringing code repository Github has already taken down. This +re-uploaded copy remains infringing and it too should be taken down +immediately. + +More specifically, on September 1, 2016, Github processed Metamarkets’ +August 24, 2016 DMCA notice (viewable here: https://github.com/github/ +dmca/blob/master/2016/2016-08-31-Facet.md and incorporated herein by +reference) regarding an infringing project known as Pivot, by taking down +the Pivot code repository. Metamarkets has since learned that within a +matter of hours after the Github takedown, the owner of the infringing +Pivot repository, Imply Data, re-uploaded a near-identical copy of the +infringing Pivot code repository. Imply Data gave the re-uploaded copy a +slightly different name (“Imply-Pivot” instead of “Pivot”), deleted the +contents of the first commit, and then combined the first 70 commits into a +brand new “Hello World” first commit — presumably to make it appear +different from the original infringing Pivot repository. + +This new project (“Imply-Pivot”) is nearly identical to the taken down +project (“Pivot”) and continues to infringe Metamarkets’ copyrights in its +proprietary Facet software. + +Imply-Pivot purportedly is owned by Imply Data. The [private] of Imply Data is +[private]. Mr. [private] is a former employee of Metamarkets who +had access to Facet, including its highly confidential and proprietary +source code, by virtue of his employment with Metamarkets. Mr. [private] +left Metamarkets’ employment in May 2015. At an unknown time in 2015, Mr. +[private] joined Imply Data. + +Imply-Pivot extensively copies the nonliteral elements of Facet’s +structure, sequence and organization, as can be seen in the following +exemplary screenshots. + +Stacked Time Series View: Metamarkets’ Facet on left, Imply’s Pivot on +right. + +[image: Inline image 1] + +Nested Table View: Imply’s Pivot on the left, Metamarkets’ Facet on right. + +[image: Inline image 2] + +Imply-Pivot is causing immense harm to Metamarkets. Facet is Metamarkets’ +flagship proprietary SaaS product. Imply Data has impermissibly copied its +structure, sequence and organization in the form of Imply-Pivot, which +Imply Data then improperly open sourced on Github. The entire Imply-Pivot +repository must be taken down immediately in order to prevent further +infringement of Facet, and further harm to Metamarkets. + +In light of this repeat infringement by Imply Data, and Imply Data’s +apparent strategy of defying Github takedowns by simply re-naming and +re-uploading the infringing material, Metamarkets further requests that +Github exercise its discretion to invoke its Repeat Infringer Policy by +disabling and/or terminating the accounts of users who may infringe upon +the copyrights or other intellectual property rights of GitHub and/or +others. + +I have a good faith belief that use of the materials described above on the +infringing web pages is not authorized by Metamarkets Group, Inc., 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. + +Sincerely, + +[private] + + + +[private] +[private]| METAMARKETS +m [private] | t [private] +[private]