Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of the affected repositories to give them an opportunity to make changes.
- provided information on how to submit a DMCA Counter Notice.
- offered to connect the owners of the affected repositories with legal resources as part of our commitment to standing up for developers.
To learn about when and why GitHub may process some notices this way, please visit our README.
Dear Sir/Madam,
I have already read and understand GitHub's Guide to Filing a DMCA Notice.
I represent 杭州网易云音乐科技有限公司, which is a China company with company registration code: [private] registered in China.
Our company owns or is the licensee of the intellectual property rights in, notably, the “网易云音乐” trademarks, logos, the general structure of the website “music.163.com” and the corresponding PC/MAC software application “网易云音乐”,which is also available under iOS, and Android as mobile application, and all the items/elements in the above system (for example but not only limited to the logos, trademarks, domain names, content, and their associated elements such as pictures, texts, animations, sound effects .etc.). Every musical or non-musical content on software/Application “网易云音乐” is protected by copyright law.
To control the communication, modification, and distribution of “网易云音乐”’s Content, we have adopted technical protection measures(i.e. TPM). “网易云音乐”, as made available on the above website, software and mobile applications, as well as our computer systems, servers and network are protected by efficient and sufficient encryption techniques. “网易云音乐” has adopted an encrypted file format to protect “网易云音乐”’s phonograms and others licensors’ phonograms in order to prevent any illegal downloads. Moreover, security is set so as to prohibit any other use than those stipulated in our Terms and Conditions (https://st.music.163.com/official-terms/service). The unauthorized download of music contents is prohibited, also any reproduction and/or making available all or part from website, software and mobile application.
We have discovered the following links in Github to make available websites/software/mobile application which enable users to download the “网易云音乐” Content without any authorization. To do so, these projects are using many different methods(for example: using some private encryption keys retrieved maliciously, or creating proxy servers with fake information) to bypass “网易云音乐” 's security measures, unlawfully download music contents, which is a total violation of our rights and our licensors:
https://github.com/yezihaohao/NeteaseCloudMusic
https://github.com/mengkunsoft/MKOnlineMusicPlayer
The developers have knowingly procured or offered to others, without our authorization, a method especially dedicated to the circumvention of our effective technological measures, in order to allow unauthorized persons to reproduce or making available “网易云音乐”’s controlled contents.
Therefore I am asking Github would take action immediately, take down the projects listed above.
The above is a brief description of the violations at stake and is not meant to be a complete statement of our company's prejudice, rights and remedies in connection with the subject matter of this email. All such rights and remedies are expressly reserved, including the rights and remedies of our licensors.
I have a good faith belief that use of the copyrighted materials described above on the infringing web page is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration.
I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
With Best regards,
[private][private]
[private]
Netease Legal 网易法务部
[private]