From b70cef56d378a145a4a72f18393b6ebcc7826278 Mon Sep 17 00:00:00 2001 From: Hubot Date: Tue, 1 Dec 2015 09:43:30 -0800 Subject: [PATCH] Process DMCA request --- 2015-12-01-Nezibo.md | 91 ++++++++++++++++++++++++++++++++++++++++++++ 1 file changed, 91 insertions(+) create mode 100644 2015-12-01-Nezibo.md diff --git a/2015-12-01-Nezibo.md b/2015-12-01-Nezibo.md new file mode 100644 index 00000000..ab5afdba --- /dev/null +++ b/2015-12-01-Nezibo.md @@ -0,0 +1,91 @@ +GITHUB DMCA TAKEDOWN NOTICE + +My name is [private] and I am the [private] of NEZIBO INC. doing business as DREAMCEPTION. I +have read and understand GitHub's Guide to Filing a DMCA Notice. + +A code repository that your company hosts is infringing on at least one +copyright owned by my company. Our entire proprietary source code has +been upload for our android and iOS software. This code is stolen and +was copied onto your servers without permission as a result of illegal +extortion. We will explain more in detail below and provide proof. + +The original software for iOS & Android, to which we own the exclusive +copyrights, can be found at: + +https://play.google.com/store/apps/details?id=nezibo.com.dreamception +http://nezibo.com/dreamception/ + +The unauthorized and infringing copy can be found at: + +https://github.com/markpooljo/Dreamception-Android + +Infringer +[private] +GITHUB NAME: markpooljo +[private] +GITHUB OR THE INFRINGER MUST REMOVE ALL FILES. GITHUB IS BEING USED AS A +TOOL OF ILLEGAL EXTORTION. +This is not only a legal case but criminal case. + +Background information on infringement. +We paid this developer back in September to develop an iOS & Android +Application. We have receipts for payment and will include. We paid via +[private] as a freelancer. This developer offered to take some of +proceeds to finish the Android version. The developer disappeared for +the last two months without providing our source code. Last night, he +came back and asked us to “lend” him $7000 and he would release our +code. We explained he has no unpaid bills and is not entitled to a loan, +and he does not own our code as we have paid for it. He threated if we +do not release $7000 to him, he will be leaking our code open source. He +emailed us today links of our code online. He is using your platform as +a tool of extortion. + +Proof of infringement and extortion +Proof of payment of $14,100 for development of app +[private] +Skype Message threating to leak our code if we don’t send him money +[private] +First Email threating if he doesn’t receive money he will take action +[private] +Second Email sending us the infringed links +[private] + +This letter is official notification under Section 512(c) of the Digital +Millennium Copyright Act (”DMCA”), and I seek the removal of the +aforementioned infringing material from your servers. I request that you +immediately notify the infringer of this notice and inform them of their +duty to remove the infringing material immediately, and notify them to +cease any further posting of infringing material to your server in the +future. + +Please also be advised that law requires you, as a service provider, to +remove or disable access to the infringing materials upon receiving this +notice. Under US law a service provider, such as yourself, enjoys +immunity from a copyright lawsuit provided that you act with deliberate +speed to investigate and rectify ongoing copyright infringement. If +service providers do not investigate and remove or disable the +infringing material this immunity is lost. Therefore, in order for you +to remain immune from a copyright infringement action you will need to +investigate and ultimately remove or otherwise disable the infringing +material from your servers with all due speed should the direct +infringer, your client, not comply immediately. + +- I have a good faith belief that use of the copyrighted materials +described above on the infringing web pages is not authorized by the +copyright owner, or its agent, or the law. +- I swear, under penalty of perjury, that the information in this +notification is accurate and that I am the copyright owner, or am +authorized to act on behalf of the owner, of an exclusive right that is +allegedly infringed. + +Should you wish to discuss this with me please contact me directly. + +Thank you. + +I, [private], Certify this document is in good faith and am +digitally signing my consent to represent Nezibo Inc. I have attached a +digital physical signature in the link below +[private] + +CONTACT INFO +[private]