Process DMCA request

Author: dmca-sync-bot

2026/04/2026-04-17-jeppesen.md

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+While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s).
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+To Whom It May Concern:
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+We represent Jeppesen ForeFlight, Inc. (“Jeppesen”) in connection with the intellectual property Jeppesen holds in its software products.  Jeppesen is a global leader in aviation software solutions for commercial, private, and military aviation.  Jeppesen’s intellectual property portfolio includes flight planning software and aviation charts, developer tools, and data management solutions.  In 1996, it developed JeppView, a groundbreaking software program that provided customers with access to a complete, worldwide library of aeronautical charts and route planning functions.  Jeppesen owns all intellectual property rights, including its copyrights, trademarks, and trade secrets, in and to each of its technological solutions and data, including JeppView.
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+It has come to Jeppesen’s attention that two software projects titled “betterjepp” and “Marinvent” and forks of those projects[1] (the “Infringing Software Projects”) have been uploaded to and are being hosted by GitHub, Inc.’s (“GitHub”) website.  Based on Jeppesen’s initial and ongoing review, the Infringing Software Projects create unauthorized derivative works of Jeppesen’s JeppView software and provide unauthorized access to Jeppesen’s aviation charts.  The repositories for the Infringing Software Projects are available at https://github.com/StarNumber12046/betterjepp and [invalid]. 
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+Specifically, the Infringing Software Projects violate Jeppesen’s exclusive right to prepare derivative works of the JeppView software under United States federal law by modifying the JeppView software code.  17 U.S.C. § 106(2); Dun & Bradstreet Software Servs. v. Grace Consulting, Inc., 307 F.3d 197, 208 (3rd Cir. 2002) (holding that alteration of a copy of the plaintiff’s software constituted copyright infringement); Micro Star v. Formgen Inc., 154 F.3d 1107, 1112 (9th Cir. 1998) (same); Midway Manufacturing Co. v. Artic International, Inc., 704 F.2d 1009, 1013 (7th Cir. 1983) (affirming the enjoinment of a defendant that created a modified version of a program); Take-Two Interactive Software, Inc. v. Zipperer, No. 18 Civ. 2608, 2018 WL 4347796, at *14, 19 (S.D.N.Y. Aug. 16, 2018) (enjoining distribution of modification). 
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+Furthermore, the Infringing Software Projects appear to provide instructions, or themselves utilize instructions, on how to circumvent the technological protection measures that control access to Jeppesen’s JeppView program and data in violation of the Digital Millennium Copyright Act.  17 U.S.C. § 1201(a)(1)(A).  The technological measures Jeppesen has in place to control access to its copyrighted works include requiring paid license keys to access Jeppesen’s aviation charts.  The Infringing Software Projects circumvent these technological measures by giving users access to Jeppesen’s aviation charts without the need for a license key.  Thus, the Infringing Software Projects’ creator (StarNumber12046) (the “Infringer”) is secondarily liable for these further acts of circumvention.  See In re Dealer Mgmt. Sys. Antitrust Litig., No. 18 Civ. 864, 2019 WL 4166864, at *14 (N.D. Ill. Sept. 3, 2019) (recognizing secondary liability for violations of 17 U.S.C. § 1201(a)(1)(A)).[2]
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+Moreover, the Infringing Software Projects also appears to violate GitHub’s Terms of Service, which state that users “must not violate any applicable laws, including copyright or trademark laws,” and that users “are responsible for making sure that [their] use of [your site] is in compliance with laws and any applicable regulations.”[3]  Users must also agree not to violate GitHub’s Acceptable Use Policies, which state that GitHub “do[es] not allow content or activity … that [] infringes any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other right; [or] unlawfully shares … software for bypassing checks for product licensing keys . . . .”[4]
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+As you can understand, Jeppesen must protect its rights to its intellectual property.  Given the foregoing concerns, we demand that you delete all of the Infringing Software Projects files, that you remove and disable access to the Infringing Software Projects at the webpage locations indicated above, and that you prevent further infringement and violations through any other means necessary. 
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+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.  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 copyright owner of an exclusive right that is allegedly infringed.  I have read and understand GitHub’s Guide to Filing a DMCA Notice.[5] 
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+Please contact me at [private] or [private] as soon as possible to confirm that you will comply with our request.  Thank you for your anticipated cooperation in this matter.
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+* * *
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+Nothing contained in this letter is intended as or should be construed to be a waiver of any right or remedy held by Jeppesen, all of which are expressly reserved.
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+Sincerely,
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+[private]
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+------------------------------------------------
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+KIRKLAND & ELLIS LLP
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+[private]
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+T [private]
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+F [private]
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+------------------------------------------------
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+[private]
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+1 Repositories for certain forked versions of these projects are also public.  See, e.g., https://github.com/mreisr/betterjepp,  https://github.com/TVOpium/betterjepp, https://github.com/MockyJoke/Marinvent.
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+2 The Infringer may also be liable under the Computer Fraud and Abuse Act for, at minimum, “intentionally access[ing] a computer without authorization …, and thereby obtain[ing] … information from [a] protected computer.”  18 U.S.C. § 1030(a)(2)(C).  Although our investigation is ongoing, our initial review indicates the Infringer may have intentionally accessed Jeppesen’s protected computer systems without authorization to steal and utilize aspects of Jeppesen’s data for free to their benefit.
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+3 https://docs.github.com/en/site-policy/github-terms/github-terms-of-service.
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+4 https://docs.github.com/en/site-policy/acceptable-use-policies/github-acceptable-use-policies.
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+5 https://docs.github.com/en/site-policy/content-removal-policies/guide-to-submitting-a-dmca-takedown-notice.