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| 1 | +Wilson Sonsini Goodrich & Rosati |
| 2 | +Professional Corporation |
| 3 | +[private] |
| 4 | +[private] |
| 5 | +[private] |
| 6 | +O: [private] |
| 7 | +F: [private] |
| 8 | + |
| 9 | +[private] |
| 10 | +Internet: [private] |
| 11 | +Direct dial: [private] |
| 12 | + |
| 13 | +Via Email |
| 14 | + |
| 15 | +DMCA Agent |
| 16 | +GitHub, Inc. |
| 17 | +[private] |
| 18 | + |
| 19 | +Re: Revised DMCA Takedown Notice |
| 20 | + |
| 21 | +We are outside counsel to, and an authorized agent of, OpenAI Foundation (“OpenAI”) |
| 22 | +and write to notify you of two GitHub repositories that infringe on code owned by OpenAI. |
| 23 | +OpenAI has a good faith belief that use of the code in this manner is not authorized by the copyright |
| 24 | +owner, its agent, or the law. In accordance with Section 512(c) of the Digital Millennium Copyright |
| 25 | +Act (“DMCA”), please remove the identified infringing material immediately. |
| 26 | + |
| 27 | +On information and belief, GitHub users “gmh5225” and “whyseu” have forked the |
| 28 | +repository titled “oai-cua” ([invalid]) that was previously removed |
| 29 | +from GitHub, in response to OpenAI’s prior DMCA takedown notice, dated [private], |
| 30 | +because it infringes on proprietary code owned by OpenAI. The forked repositories, available at |
| 31 | +https://github.com/gmh5225/oai-cua and https://github.com/whyseu/oai-cua, also contain direct, |
| 32 | +literal copies of original and proprietary code that was developed by OpenAI for exclusive, |
| 33 | +commercial purposes to support OpenAI’s agentic service offerings, and is neither open source |
| 34 | +nor licensed. Accordingly, there is no fair use exception and the entirety of the infringing code |
| 35 | +must be removed immediately. |
| 36 | + |
| 37 | +I certify, under penalty of perjury, that the information in this notification is accurate and |
| 38 | +that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. |
| 39 | +We have read and understand GitHub’s Guide to Filing a DMCA Notice and represent that this |
| 40 | +notice complies with GitHub’s requirements. OpenAI reserves all rights and remedies, including |
| 41 | +applicable statutory damages. You can reach me at: [private] or [private]. |
| 42 | + |
| 43 | +Very truly yours, |
| 44 | +WILSON SONSINI GOODRICH & ROSATI |
| 45 | +Professional Corporation |
| 46 | +/s [private] |
| 47 | +[private] |
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