Morgan, Lewis & Bockius LLP
San Francisco, CA 94105-1126
November 7, 2011
VIA EMAIL (COPYRIGHT@GITHUB.COM)
548 4th St.
San Francisco, CA 94107
Re: DMCA Violations on GITHUB.COM
To Whom It May Concern:
We are writing to you on behalf of our client, Cisco Systems, Inc. and its affiliated entities (together, "Cisco") regarding the license generator offered on the web site GITHUB.COM that provides the public with unauthorized access to Cisco's proprietary and copyright protected IOU software.
Cisco is a technology company that actively protects its copyrighted works and its proprietary information. Cisco employs technological measures to effectively control access to its copyright protected IOU software.
It has recently come to Cisco's attention that the user [private], using the bennetb01 username, is offering an "IOU License Generator" that provides the public with unauthorized access to Cisco's proprietary and copyright protected IOU software, as well as information about how to use the license generator to illegally access Cisco's software. The license generator and usage information are available at: https://github.com/bennetb01/iougen. Cisco has not authorized or sanctioned this license generator or the public's access to its IOU software.
It is apparent from the web site's content that Mr. Bennett is well aware that he is offering to the public, providing and/or otherwise trafficking in technology that is primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access to Cisco's copyright protected IOU software in violation of the Digital Millennium Copyright Act, 17 U.S.C. 1201(a)(2) and (b) ("DMCA"). Mr. Bennett's conduct also violates the Terms of Service for GITHUB.COM, including provision A.8, which prevents use of your company's service for any illegal or unauthorized purpose. Moreover, GitHub represents that it supports the protection of intellectual property and asks that its users do the same.
Accordingly, we ask that your company immediately remove the above referenced content from GITHUB.COM and terminate Mr. Bennett's account to prevent him from posting any such materials in the future. This is an urgent matter for Cisco and we therefore request that you send written confirmation that you have complied with Cisco's more than reasonable requests within five (5) business days.
Under penalty of perjury, I represent that I am authorized to act on behalf of Cisco for this matter.