As you know, we are outside intellectual property counsel for NNG, Kft. (“NNG”). I am writing to follow up on all prior correspondence written on behalf of NNG, including [private]’s prior correspondence to GitHub, and to provide an updated and supplemented version of my cease and desist letter dated February 22, 2017. This letter is intended to function as both a notice under 17 U.S.C. § 512(c)(3) and § 1201.
We believe that GitHub’s requirements for a notice under 17 U.S.C. § 1201 as you set forth on March 1, 2017, are not supported by the statute or applicable case law. Nevertheless, per your request, I am providing the following information. Under penalty of perjury, we are authorized to act on behalf of NNG and NNG owns exclusive rights in the copyrighted works identified in Section 1 below. NNG has a good faith belief that the material complained of herein is not authorized. NNG believes that the information contained herein is accurate. My electronic signature is reflected below. I may be contacted through the contact information above.
I. Copyrighted Works at Issue
NNG is the owner of all copyrights in its iGo brand navigation software, including, without limitation, the following U.S. copyright registrations:
|Title of Work||Registration Number||Author||Completion Date||Registration Date|
|iGo 2008||TX0007685142||NNG Kft||2007||5/29/2013|
|iGo Amigo||TX0007685141||NNG Kft||2009||5/29/2013|
|iGo Primo||TX0007685140||NNG Kft||2010||5/29/2013|
|iGo Primo 18.104.22.168130||TXu001912433||NNG Kft||2011||10/7/2014|
|iGo Primo 22.214.171.124584||TX0007926787||NNG Kft||2011||10/7/2014|
(Collectively, the “Copyrighted Works”).
II. Links to GitHub Content At Issue
Group A: The following links (along with all copies and forks of JCI_NNG_Tool.exe, nng_patcher.exe and nng_patcher.py) are software used to circumvent the digital rights management of NNG software through: (1) removal of hardware key detection in the navigation executable; (2) removal of the check to determine whether the content is licensed; and (3) removal of protections ensuring driver safety and legal compliance.
https://github.com/Siutsch/AIO---All-in-one-tweaks/tree/master/choose/tools/nng_patcher ((1) and (2) only)
https://github.com/diorcety/mazda3/tree/master/nng ((1) and (2) only)
Group B: The following links are to information for circumventing digital protections of NNG software on head units:
Group C: The following links are to illegal copies of NNG code and data files:
III. Legal Bases for Demand
GitHub’s distribution of the foregoing code violates the Copyright Act of 1976, 17 U.S.C. § 101 et seq., including § 501. GitHub’s conduct also violates the anticircumvention provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 1201. Specifically, among other violations, GitHub is offering to the public, providing, or otherwise trafficking in technology, a product, service or component thereof that is, among other things, primarily designed or produced for the purpose of circumventing a technological measure that controls access to the Copyrighted Works or protection afforded by a technological measure that effectively protects NNG’s rights in the Copyrighted Works. See 17 U.S.C. § 1201(a)-(b). As a result, GitHub is subject to liability for actual damages, statutory damages, and attorneys’ fees and costs, as well as injunctive relief. See 17 U.S.C. § 1203.
NNG hereby demands that GitHub immediately disable or remove access to content located at the links identified above. NNG further demands that GitHub: (a) provide us with a report by March 10, 2017, showing all downloads and views of the subject code and instructions, including the user names, contract information, and IP addresses; (b) preserve all evidence relating to the subject code; and (c) provide us by March 10, 2017, with a written explanation of GitHub’s legal position.
This is NNG’s final attempt to obtain GitHub, Inc.’s compliance prior to filing a federal lawsuit against GitHub. If GitHub does not disable or remove access to the content listed at the links above by 5:00 p.m. PST on Monday, March 6, 2017. NNG will file a federal lawsuit against GitHub. We hope to avoid taking this action, but, at this point, GitHub is leaving us with no reasonable alternative.
NNG expressly reserves all of its rights and remedies. Nothing herein should be construed as a waiver.
Lewis Roca Rothgerber Christie LLP