|
| 1 | +Before disabling any content in relation to this takedown notice, GitHub |
| 2 | +- contacted the owners of some or all of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work). |
| 3 | +- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice). |
| 4 | + |
| 5 | +To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md#anatomy-of-a-takedown-notice). |
| 6 | + |
| 7 | +--- |
| 8 | + |
| 9 | + Dear GitHub [private], |
| 10 | + |
| 11 | + Thank you for your reply. |
| 12 | + We send you the English translation of our request below. |
| 13 | + |
| 14 | +------------------------------------------------------------------------------ |
| 15 | + To GitHub, Inc. |
| 16 | + |
| 17 | + |
| 18 | + |
| 19 | + We, [private] and [private], attorneys-at-law, act on behalf of Nippon Boehringer Ingelheim Co., Ltd. (“NBI”). |
| 20 | + On behalf of NBI, we hereby request the removal of certain content hosted in GitHub as follows. |
| 21 | + |
| 22 | + |
| 23 | + |
| 24 | + We have read and understand GitHub's Guide to Filing a DMCA Notice. |
| 25 | + |
| 26 | + |
| 27 | + |
| 28 | + 1. Identification of the Copyrighted Works and Infringing Content |
| 29 | + |
| 30 | + At the following URL managed by GitHub, 668 medical knowledge questions (the “Questions”) and explanations corresponding to each question (the “Explanations”) are publicly available: |
| 31 | + |
| 32 | + |
| 33 | + |
| 34 | + https://takeryman.github.io/quiz-app/ |
| 35 | + |
| 36 | + |
| 37 | + |
| 38 | + The list of Questions can be accessed by clicking the button titled “View Question List”(「問題一覧を見る」) on the above URL. By selecting each question from the list, the corresponding Explanation can also be viewed. |
| 39 | + |
| 40 | + |
| 41 | + |
| 42 | + Among the Questions and Explanations, the questions and explanations identified below are works independently created by NBI in-house (work for hire) (the “Copyrighted Works”), and the copyright in such works is owned by NBI. |
| 43 | + |
| 44 | + The questions and explanations identified below have been reproduced in a manner that is identical in wording to the Copyrighted Works. In addition, Question Q438 has been reproduced in a manner that is considerably similar to the Copyrighted Works. |
| 45 | + |
| 46 | + |
| 47 | + |
| 48 | + ‐Questions and Explanations that are identical in wording: |
| 49 | + |
| 50 | + Q11-260 |
| 51 | + |
| 52 | +Q443 |
| 53 | + |
| 54 | +(In particular, the following question was created by NBI based on proprietary information: |
| 55 | + |
| 56 | + Q11-110,120-122,132-134,144-146,156,157,168-171,180-183,185,195-197,207-209,212,223,224,226,237-239,242,253,443) |
| 57 | + |
| 58 | + |
| 59 | + |
| 60 | + -Questions that are identical in wording: |
| 61 | + |
| 62 | + Q417-421 |
| 63 | + |
| 64 | + Q432-437 |
| 65 | + |
| 66 | + Q444-459 |
| 67 | + |
| 68 | + |
| 69 | + |
| 70 | + -Questions that are considerably similar: |
| 71 | + |
| 72 | + Q438 |
| 73 | + |
| 74 | + |
| 75 | + |
| 76 | + 2. NBI’s Request |
| 77 | + |
| 78 | + We request that GitHub immediately take the following actions: |
| 79 | + |
| 80 | +Remove the Questions and Explanations identified above; and |
| 81 | +Disclose information regarding the user who posted the content (account name: “takeryman”), including: |
| 82 | +(i) the IP address and timestamp used when the account was created; |
| 83 | +(ii) the IP address and timestamp of the login at the time point closest to the creation date of the Questions and Explanations (March 29); and |
| 84 | +(iii) the information registered to the account. |
| 85 | + |
| 86 | + |
| 87 | + |
| 88 | + 3. Contact Information |
| 89 | + |
| 90 | + Name: [private] |
| 91 | + |
| 92 | +[private] |
| 93 | + |
| 94 | + Law Firm: YUASA AND HARA |
| 95 | + |
| 96 | + Address: [private] |
| 97 | + |
| 98 | +[private] |
| 99 | + |
| 100 | + Phone: [private] |
| 101 | + |
| 102 | + Email: [private] |
| 103 | + |
| 104 | + [private] |
| 105 | + |
| 106 | + |
| 107 | + |
| 108 | + 4. Statement and Declaration |
| 109 | + |
| 110 | + 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 have taken fair use into consideration. |
| 111 | + |
| 112 | + 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. |
| 113 | + |
| 114 | + |
| 115 | + |
| 116 | + 5. Signature of Agent and Power of Attorney |
| 117 | + |
| 118 | + The agent’s signature and a power of attorney are attached. |
| 119 | +------------------------------------------------------------------------------ |
| 120 | + |
| 121 | +Best Regards, |
| 122 | +[private] |
| 123 | +[private] |
| 124 | +[private] |
| 125 | + |
0 commit comments