Process DMCA request
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2015-12-01-Nezibo.md
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2015-12-01-Nezibo.md
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GITHUB DMCA TAKEDOWN NOTICE
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My name is [private] and I am the [private] of NEZIBO INC. doing business as DREAMCEPTION. I
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have read and understand GitHub's Guide to Filing a DMCA Notice.
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A code repository that your company hosts is infringing on at least one
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copyright owned by my company. Our entire proprietary source code has
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been upload for our android and iOS software. This code is stolen and
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was copied onto your servers without permission as a result of illegal
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extortion. We will explain more in detail below and provide proof.
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The original software for iOS & Android, to which we own the exclusive
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copyrights, can be found at:
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https://play.google.com/store/apps/details?id=nezibo.com.dreamception
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http://nezibo.com/dreamception/
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The unauthorized and infringing copy can be found at:
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https://github.com/markpooljo/Dreamception-Android
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Infringer
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[private]
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GITHUB NAME: markpooljo
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[private]
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GITHUB OR THE INFRINGER MUST REMOVE ALL FILES. GITHUB IS BEING USED AS A
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TOOL OF ILLEGAL EXTORTION.
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This is not only a legal case but criminal case.
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Background information on infringement.
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We paid this developer back in September to develop an iOS & Android
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Application. We have receipts for payment and will include. We paid via
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[private] as a freelancer. This developer offered to take some of
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proceeds to finish the Android version. The developer disappeared for
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the last two months without providing our source code. Last night, he
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came back and asked us to “lend” him $7000 and he would release our
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code. We explained he has no unpaid bills and is not entitled to a loan,
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and he does not own our code as we have paid for it. He threated if we
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do not release $7000 to him, he will be leaking our code open source. He
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emailed us today links of our code online. He is using your platform as
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a tool of extortion.
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Proof of infringement and extortion
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Proof of payment of $14,100 for development of app
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[private]
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Skype Message threating to leak our code if we don’t send him money
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[private]
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First Email threating if he doesn’t receive money he will take action
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[private]
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Second Email sending us the infringed links
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[private]
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This letter is official notification under Section 512(c) of the Digital
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Millennium Copyright Act (”DMCA”), and I seek the removal of the
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aforementioned infringing material from your servers. I request that you
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immediately notify the infringer of this notice and inform them of their
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duty to remove the infringing material immediately, and notify them to
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cease any further posting of infringing material to your server in the
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future.
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Please also be advised that law requires you, as a service provider, to
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remove or disable access to the infringing materials upon receiving this
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notice. Under US law a service provider, such as yourself, enjoys
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immunity from a copyright lawsuit provided that you act with deliberate
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speed to investigate and rectify ongoing copyright infringement. If
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service providers do not investigate and remove or disable the
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infringing material this immunity is lost. Therefore, in order for you
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to remain immune from a copyright infringement action you will need to
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investigate and ultimately remove or otherwise disable the infringing
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material from your servers with all due speed should the direct
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infringer, your client, not comply immediately.
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- I have a good faith belief that use of the copyrighted materials
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described above on the infringing web pages is not authorized by the
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copyright owner, or its agent, or the law.
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- I swear, under penalty of perjury, that the information in this
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notification is accurate and that I am the copyright owner, or am
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authorized to act on behalf of the owner, of an exclusive right that is
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allegedly infringed.
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Should you wish to discuss this with me please contact me directly.
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Thank you.
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I, [private], Certify this document is in good faith and am
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digitally signing my consent to represent Nezibo Inc. I have attached a
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digital physical signature in the link below
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[private]
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CONTACT INFO
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[private]
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