Qualcomm today issued DMCA takedown requests to code repository host GitHub, taking out over 116 different code branches and repositories, alleging that they are infringing on the chipmaker’s copyright.
Earlier today Ausdroid was alerted to the DMCA takedown of a number of github (source code) repositories, including at least one belonging to CyanogenMod developers. The takedown notices can be tracked back to this GitHub request posted this morning, which states :
Cyveillance has recently discovered the unauthorized publication, disclosure, and copying of highly sensitive, confidential, trade secret, and copyright-protected documents on the below web site. Specifically, we have confirmed that the documents whose locations and filenames identified below are confidential and proprietary to Qualcomm and were posted without Qualcomm’s permission.
[showhide type=”detailedspecs” more_text=”Show full DMCA Takedown request” less_text=”Hide Detailed Specs (%s Less Words)”]
Dear Sir or Madam:
Cyveillance is authorized to act on behalf of QUALCOMM Incorporated and Qualcomm Technologies, Inc. (collectively, “Qualcomm”) in requesting removal of its copyrighted works from Internet sites. Under the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) and other applicable U.S. and international statutes, Cyveillance provides this notification of claimed infringement and requests that you immediately remove certain documents from your web site and/or disable access to those documents through your web site.
Cyveillance has recently discovered the unauthorized publication, disclosure, and copying of highly sensitive, confidential, trade secret, and copyright-protected documents on the below web site. Specifically, we have confirmed that the documents whose locations and filenames identified below are confidential and proprietary to Qualcomm and were posted without Qualcomm’s permission.
The unauthorized copying, disclosure and distribution of Qualcomm’s confidential trade secret and/or copyright-protected documents constitute a violation of both civil and criminal trade secret and copyright laws. If you are disseminating or aiding and abetting the dissemination of these documents, you are violating Qualcomm’s intellectual property rights, and could be subject to severe civil and criminal penalties.
Based on our preliminary investigation, we believe that this web site is owned and/or controlled by you. Cyveillance, therefore, demands that you immediately (1) remove these documents from any of the web sites under your control and/or disable access to these documents through any of the web sites under your control, and (2) destroy any and all copies of the documents that you possess.
We also request that you identify to us your source(s) for these documents, so that we may contact them and request that they delete and/or remove the documents that they possess as well.
Qualcomm takes these issues very seriously, and may pursue legal action against individuals and organizations that take part in the unauthorized dissemination of its confidential trade secret and/or copyright-protected documents. We look forward to your prompt cooperation. Please send written confirmation of your compliance with this request to us and to [email protected].
Qualcomm is the owner of an exclusive copyright for each of these documents. Cyveillance is authorized to act on behalf of Qualcomm, and has a good faith belief that the publication and/or disclosure by your web site is not authorized by Qualcomm, any of Qualcomm’s agents, or the law. I certify, under penalty of perjury, that the information in this notice is accurate.
Nothing herein shall constitute a waiver of any of Qualcomm’s rights in law or in equity, all of which are expressly reserved.
Please note the copyright disclaimer given on the following documents that we are requesting be removed:
“Copyright (c) 2012 Qualcomm…
All Rights Reserved.
Qualcomm … Confidential and Proprietary.”
https://github.com/percy-g2/android_device_sony_nicki_stock_dump/blob/master/etc/xtwifi.conf
https://github.com/MasDennis/RajawaliVuforia/blob/master/RajawaliVuforia/jni/Android.mk
https://github.com/AdvInteractions/Sol_3D/blob/master/Assets/Plugins/iOS/QCARUnityPlayer.h
https://github.com/joseguru/Will.i.reach/blob/master/jni/VideoPlaybackShaders.h
https://github.com/MasDennis/RajawaliVuforia/blob/master/RajawaliVuforia/jni/Application.mk
https://github.com/emersonmoretto/ImageTargets/blob/master/ImageTargets/EAGLView.mm
https://github.com/Danchoys/ImageTargets-storyboard-sample/blob/master/build/include/QCAR/QCAR_iOS.h
https://github.com/mxdubois/even-starrier-night/blob/master/Assets/Plugins/iOS/QCARUnityPlayer.h
https://github.com/AdvInteractions/Sol_3D/blob/master/Assets/Editor/QCAR/Scripts/WebCamEditor.cs
https://github.com/pkjmesra/VuforiaAugmentedReality/blob/master/ARCommon/QCARutils.h
https://github.com/joseguru/Will.i.reach/blob/master/jni/Android.mk
https://github.com/AdvInteractions/Sol_3D/blob/master/Assets/Scripts/BackgroundTextureMenu.cs
https://github.com/fabianschilling/dARts/blob/master/ARCommon/OverlayView.m
https://github.com/pkjmesra/VuforiaAugmentedReality/blob/master/build/include/QCAR/Trackable.h
https://github.com/pkjmesra/VuforiaAugmentedReality/blob/master/build/include/QCAR/QCAR.h
https://github.com/sonyxperiadev/prima/blob/master/CORE/HDD/inc/wlan_hdd_p2p.h
https://github.com/AdvInteractions/Sol_3D/blob/master/Assets/Scripts/VideoTextureBehaviour.cs
https://github.com/abhishekkeshri/vuforia-project/blob/master/jni/Android.mk
https://github.com/sonyxperiadev/prima/blob/master/CORE/HDD/src/wlan_hdd_hostapd.c
https://github.com/sonyxperiadev/prima/blob/master/CORE/HDD/inc/wlan_hdd_main.h
https://github.com/sonyxperiadev/prima/blob/master/CORE/VOSS/inc/vos_event.h
https://github.com/sonyxperiadev/prima/blob/master/CORE/HDD/inc/wlan_hdd_cfg.h
https://github.com/sonyxperiadev/prima/blob/master/CORE/WDI/DP/inc/wlan_qct_wdi_ds.h
https://github.com/sonyxperiadev/prima/blob/master/CORE/VOSS/src/vos_sched.c
https://github.com/sonyxperiadev/prima/blob/master/CORE/VOSS/src/vos_nvitem.c
https://github.com/sonyxperiadev/prima/blob/master/CORE/WDI/CP/src/wlan_qct_wdi_sta.c
https://github.com/CompuwareVentures/UnityAR/blob/master/Assets/Scripts/CameraDeviceMenu.cs
https://github.com/Duffycola/Vuforia-Wall/blob/master/ext/vuforia-samples/ARCommon/AR_EAGLView.mm
https://github.com/ece1778github/MAM-Viewer/blob/master/Assets/Editor/QCAR/Scripts/SceneManager.cs
https://github.com/troykershaw/Learn/blob/master/VideoPlayback/VideoPlayerHelper.m
https://github.com/troykershaw/Learn/blob/master/VideoPlayback/EAGLView.h
https://github.com/troykershaw/Learn/blob/master/VideoPlayback/VideoPlaybackAppDelegate.mm
https://github.com/abhishekkeshri/vuforia-project/blob/master/jni/CloudReco.cpp
https://github.com/CompuwareVentures/UnityAR/blob/master/Assets/Editor/PostProcessBuildPlayer
https://github.com/Duffycola/Vuforia-Wall/blob/master/ext/vuforia-samples/ARCommon/QCARutils.mm
https://github.com/cctsao1008/sdcc/blob/master/sdcc_api.h
https://github.com/dentarg/arcv/blob/master/code/ImageTargets/jni/Application.mk
https://github.com/joseguru/Will.i.reach/blob/master/jni/VideoPlayback.cpp
https://github.com/AdvInteractions/Sol_3D/tree/master/Assets
https://github.com/dentarg/arcv/blob/master/code/ImageTargets/jni/Texture.cpp
https://github.com/quangpham/app-unity-master/blob/master/Editor/PostProcessBuildPlayer
https://github.com/CompuwareVentures/UnityAR/blob/master/Assets/Editor/PostProcessBuildPlayer
https://github.com/Duffycola/Vuforia-Wall/blob/master/ext/vuforia-samples/ARCommon/QCARutils.mm
https://github.com/cctsao1008/sdcc/blob/master/sdcc_api.h
https://github.com/dentarg/arcv/blob/master/code/ImageTargets/jni/Application.mk
https://github.com/joseguru/Will.i.reach/blob/master/jni/VideoPlayback.cpp
https://github.com/AdvInteractions/Sol_3D/tree/master/Assets
https://github.com/dentarg/arcv/blob/master/code/ImageTargets/jni/Texture.cpp
https://github.com/quangpham/app-unity-master/blob/master/Editor/PostProcessBuildPlayer
https://github.com/benrafshoon/betterthansnapchat/tree/master/vuforia-sdk-ios-2-8-7
https://github.com/oesterle/BabyBTLE/blob/master/ProximitySampleApp/AppDelegate.m
https://github.com/CODAME/Relate/blob/master/beacon/FYX.framework/Versions/1.9.1/Headers/FYXVisit.h
https://github.com/CODAME/Relate/blob/master/beacon/FYX.framework/Versions/1.9.1/Headers/FYX.h
https://github.com/shicholas/beaconassist/tree/master/ios-gimbal
https://gist.github.com/nuttt/6545931
https://github.com/pcarenza/android_vendor_motorola_vanquish/blob/master/proprietary/etc/xtwifi.conf
https://github.com/qca/qcamain_open_hal_public/blob/master/hal/ar9300/ar9300phy.h
https://github.com/drewx2/android_device_oppo_find5/blob/master/configs/xtwifi.conf
https://github.com/JerryScript/Victorious/blob/master/system/etc/capability.xml
https://github.com/sbose78/FastCVSamples/blob/master/jni/apis/imageTransformation/Affine.cpp
https://github.com/sbose78/FastCVSamples/blob/master/jni/apis/featureDetection/Corner.cpp
https://github.com/JerryScript/Victorious/blob/master/system/etc/capability.xml
https://github.com/sbose78/FastCVSamples/blob/master/jni/apis/imageTransformation/Affine.cpp
https://github.com/sbose78/FastCVSamples/blob/master/jni/apis/featureDetection/Corner.cpp
Regards,
[private]
Cyveillance Security Operations Center (CSOC)
Cyveillance, Inc. (a QinetiQ Company)
[/showhide]
Effect
Along with a CyanogenMod repository, the list of sites includes a couple of notable entries including Sony’s Xperia Dev Github repo, to which they recently began uploading kernel source for their latest flagship devices, in an effort to make good with the developer community. A further notable inclusion in the list is Qualcomm’s own github repository, leading to speculation that the sites included in the takedown list has been gathered by some sort of bot.
Qualcomm themselves has been attempting to better relations with the open-source community for sometime, having established a subsidiary – the Qualcomm Innovation Centre Inc.(QuIC) who “works closely with the open source community to enable the faster advancement of the wireless industry as a whole” in co-operation with the Code Aurora Forum (CAF) a consortium of companies associated with the wireless industry established in 2009, who provide ‘tested code needed to bring innovative, performance-optimized, open source-based products to market and also serves as a staging area for code that is submitted to upstream projects.’
The impetus behind the takedown request is a WiFi config file – literally a text file – which is taken straight from a Sony firmware release. In this takedown Qualcomm also took down PRIMA mirror which is open source code for Atheros wireless chipsets that they release on the CodeAurora gitweb site.
Where to from here?
At this stage the CyanogenMod team are attempting to reach out to Qualcomm and sort out what they believe to be a misunderstanding. At the time of writing, there has been no response from Qualcomm, at least a public one. With an association with CAF through the QuIC, there should be some sort of amicable arrangement found which will allow developers to return to developing rather than become involved in legal wrangling.
Until a response is received and the issues sorted out, CyanogenMod nightlies for the Sony Xperia SP – the only device affected by the takedown notice at this stage, have been turned off – but the effect could be felt on others named in the takedown.
Whether this is a legitimate takedown, or a result of an automated BOT-search gone awry, DMCA takedown notices have been issued to Android developers in the past, sometimes mistakenly
The takedown request should hopefully be resolved in the coming days, but nothing is certain. Qualcomm have done a lot of work with the open-source community and we have serious doubts that they would issue these takedown notices deliberately, without good cause. Qualcomm’s work with the open source Linux kernel community has helped advance mobile technology in the past few years and it would be a shame for this to be endangered.
We look forward to reporting the resolution of this takedown soon.
Update (July 5, 2014):
It appears that the takedown notice has been retracted. GitHub repositories affected by the takedown have begun coming back online.
A Qualcomm representative spoke to Ausdroid in response to our request for comment on the takedown saying :
Recently Qualcomm issued a number of DMCA take-down requests for files posted to GitHub containing Qualcomm Confidential markings. Those requests were identified on the GitHub website at https://github.com/github/dmca/blob/master/2014-07-02-Qualcomm.md.
Since issuing these requests, we have been advised that at least one of these files may, in fact, not be Qualcomm Confidential. At this time, Qualcomm is retracting all of those DMCA take-down requests, and will be either reviewing such files further for possible approval for posting, or reaching out collaboratively to the project maintainers for assistance in addressing any remaining concerns. To those project maintainers who received these DMCA notices, we apologize for the approach taken.
It was definitely generated by a bot. I’ve dealt with Cyveillance bots before, they run spiders with spoofed user agents all day against every site they can find, with no regards for robots.txt files, and no throttling limit. They just hammer everything in their way, looking for violations for their clients.
We’ve got some absolutely massive IP blocks blacklisted to keep these guys from slamming our servers.
It definitely seems like DMCA botcode gone haywire, because why else would it also go after Qualcomm’s own stuff.
And if it was found to be incorrect, no penalties for Qualcomm whatsoever, even if the lawyers have to sign “under penalty of perjury”
Exactly, it shouldn’t be the toothless threat of ‘penalty of perjury’ – any lawyer that put their name to a DMCA request that’s found to be incorrect should get struck off. That might concentrate their minds and kill the bots.