Fitzgerald & Rhodes LLP
Washington, DC 20009
January 3, 2011
To whom it may concern:
By this letter I hereby request that you remove from your website - www.github.com - material that infringes my client's copyrighted work. My client, ScientiaMobile, lnc., is the owner by assignment of the copyright in a work known as WURFL.xml. A project recently added to your Website by a group named OpenDDR-org infringes WURFL.xml as substantial elements of it are copied from WURLF.xml. OpenDDR-org admitted to the copying in a post on the internet that has subsequently been removed. We have identified two files below that we have a good faith believe are infringing upon my client's copyrighted work, and we are still reviewing the other files contained within the OpenDDR-org project and reserve the right to request further takedown if we find that those works also infringe my client's intellectual property rights. Your website proposes a preferred format for DMCA takedown requests and the numbered responses below correspond to your requested format.
My client's work that was infringed - the WURFL.xml - can be found at the following URL: http://www.ScientiaMobile.com/communitywurfl/wurfl.zip. You also ask that we identify the work infringing upon the copyright in my client's work. We have done so in item 2 below.
The material we allege is infringing WURFL.xml is found in the directory entitled "Resources" available at https://github.com/OpenDDR-org/OpenDDR-Resources. In particular, we allege that the two files entitled "oddrVocabulary.xml" and "DeviceDataSource.xml" available in that directory infringe upon my client's copyright in WURFL.xml and it is these two files that we request you cease distributing through your website.
I can be reached by return email at [private] or by telephone at [private]. If you choose instead to correspond with me by mail, as I will be travelling away from my office for the next few weeks, I request you please direct any written mailed correspondence to my partner as follows in lieu of using the address on this letterhead:
We have attempted to contact the party whom We believe is responsible for the infringing material through the corporation's registered agent in Delaware. A copy of that correspondence has been included with this notice as a convenience to you. We have heard no response in regard to that correspondence at this time.
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 (my client), or its agent, or the law.
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 hereby request that you expeditiously remove the files identified in item 2 above in accordance with the requirements of Section 512(c) of the Digital Millennium Copyright Act. Please contact me immediately, preferably by telephone, if you require any additional information in order to act expeditiously as required.