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To Whom It May Concern:

We represent IBM Corporation ("IBM") in connection with its popular Load Sharing Facility ("LSF") software, including IBM Spectrum LSF 10.1 and its prior versions ("IBM's Software").

It recently has come to IBM's attention that a software project titled "openlava" has been uploaded to GitHub, Inc.'s ("GitHub") website and includes unauthorized copies of IBM's Software (the "Infringing Software"). The Infringing Software, which includes each branch of "openlava" starting with at least version 3.0, is available at the following online locations:

The reproduction of IBM's Software to create the Infringing Software and host it on GitHub's servers, as well as the distribution of the Infringing Software, constitutes copyright infringement and violates IBM's rights under United States federal law. 17 U.S.C. § 106. It also violates GitHub's Terms of Service, which state that users "may not use the Service for any illegal or unauthorized purpose . . . including but not limited to copyright."

Accordingly, we demand that you remove and disable access to the Infringing Software at the locations indicated above and through any other means necessary to prevent further infringement. Failure to do so would make you accountable, under federal law, for statutory damages, compensatory damages, disgorgement of profits, and costs and attorney's fees.

I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, her agent or the law (including the fair use doctrine). I swear, under penalty of perjury, that the information in this letter is accurate and that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. I also have read and understand GitHub's Guide to Filing a DMCA Notice.

Please contact me or my colleague [private] at [private] or [private] as soon as possible to let us know that you will comply with our request. Thank you for your anticipated cooperation.


Nothing contained in this letter is intended as or should be construed to be a waiver or relinquishment of any right or remedy held by IBM, all of which are hereby expressly reserved.

Sincerely,

/s/ [private]

[private]