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| 1 | +1. Are you the copyright holder or authorized to act on the copyright owner's behalf? If you |
| 2 | +are submitting this notice on behalf of a company, please be sure to use an email |
| 3 | +address on the company's domain. If you use a personal email address for a notice |
| 4 | +submitted on behalf of a company, we may not be able to process it. |
| 5 | +Yes. I am Thekla’s [private] authorized to act on its behalf. |
| 6 | +2. Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you |
| 7 | +make changes to your original notice? |
| 8 | +Yes. The original request is attached as Exhibit 1. |
| 9 | +3. Does your claim involve content on GitHub or npm.js? |
| 10 | +GitHub. |
| 11 | +4. Please describe the nature of your copyright ownership or authorization to act on the |
| 12 | +owner's behalf. |
| 13 | +As described above, Thekla ([private], Thekla’s employees, and Thekla’s contractors) wrote the |
| 14 | +entire JAI compiler repository from scratch. Thekla owns the copyright in the repository. I am |
| 15 | +Thekla’s [private]. |
| 16 | +5. Please provide a detailed description of the original copyrighted work that has allegedly |
| 17 | +been infringed. |
| 18 | +The infringer created an unauthorized copy of the entire repository for the JAI compiler. The |
| 19 | +repository consists of the executable files, modules called by the executables, example outputs |
| 20 | +of the compiler, and supporting documentation. |
| 21 | +6. If the original work referenced above is available online, please provide a URL. |
| 22 | +The work is not available publicly, but a version of the repository made shortly before the illegal |
| 23 | +copy is available at the [private] link above. |
| 24 | +7. We ask that a DMCA takedown notice list every specific file in the repository that is |
| 25 | +infringing, unless the entire contents of the repository are infringing on your copyright. |
| 26 | +Please clearly state that the entire repository is infringing, OR provide the specific files |
| 27 | +within the repository you would like removed. |
| 28 | +The entire contents of the repository are infringing. |
| 29 | +8. Identify the full repository URL that is infringing: |
| 30 | +https://github.com/number-none/jai-beta-2-009 |
| 31 | +9. Do you claim to have any technological measures in place to control access to your |
| 32 | +copyrighted content? Please see our “Complaints about Anti-Circumvention Technology” |
| 33 | +if you are unsure. |
| 34 | +No. |
| 35 | +10. If you are reporting an allegedly infringing fork, please note that each fork is a distinct |
| 36 | +repository and must be identified separately. . .As forks may often contain different |
| 37 | +material than in the parent repository, if you believe any of the repositories or files in the |
| 38 | +forks are infringing, please list each fork URL below: |
| 39 | +Thekla is not reporting an allegedly infringing fork. |
| 40 | +11. Is the work licensed under an open source license? |
| 41 | +No. |
| 42 | +12. What would be the best solution for the alleged infringement? |
| 43 | +13. GitHub must remove the entire infringing repository. |
| 44 | +13. Do you have the alleged infringer’s contact information? |
| 45 | +No. |
| 46 | +* * * |
| 47 | +I have a good faith belief that use of the copyrighted materials described above on the |
| 48 | +infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have |
| 49 | +taken fair use into consideration. |
| 50 | +I swear, under penalty of perjury, that the information in this notification is accurate and that I |
| 51 | +am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right |
| 52 | +that is allegedly infringed. |
| 53 | +Sincerely, |
| 54 | +FENWICK & WEST LLP |
| 55 | +/s/ [private] |
| 56 | +[private] |
| 57 | + |
| 58 | +[private] |
| 59 | + |
| 60 | +Fenwick | [private] | [private] | [private] |
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