dmca/2016/2016-09-14-FreeRealms.md

**Are you the copyright owner or authorized to act on the copyright owner's behalf?**   
I am [private] for Daybreak Game Company LLC, formerly known as Sony Online Entertainment LLC and the rightful owner of the copyright in the video game Free Realms.

**What work was allegedly infringed? If possible, please provide a URL:**  

Free Realms was a massively multiplayer role playing PC and PlayStation 3 game by Daybreak (formerly SOE), released in 2009 and closed by Daybreak in 2014. Daybreak retains exclusive ownership of this game and the distribution of its code, game files, and/or game assets on github is unauthorized. Such hosting and distribution violates Daybreak's exclusive trademark rights and exclusive rights of reproduction, distribution, and public display under Section 106 of the Copyright Act, is a breach of Daybreak's end user license agreement, and constitutes a tortious interference with the contracts and business relationships that Daybreak has with hundreds of thousands of game players. www.freerealms.com redirects to Daybreak's main company page now, but I can provide further attachments upon request.

Registered copyright: TX0007423452  
Registered trademark: 3764436

The Free Realms end user license agreement, which each user must have affirmatively agreed to in order to install the game, prohibits users from infringing any intellectual property rights and distribution of Free Realms-related copyrighted material.

Section 106 of the Copyright Act provides that the copyright owner, here Daybreak, has the exclusive right to do or authorize, among other things, the following: reproduce the copyrighted work, prepare derivative works based upon the copyrighted work, distribute copies of the copyrighted work to the public, and public display the copyrighted work. Copyright Act Section 501 provides that anyone who violates any of the exclusive rights of the copyright owner is liable for direct infringement of the copyright, here Free Realms. Remedies for infringement that may be imposed by a federal court include preliminary and permanent injunctions (Section 502) and actual or statutory damages (Section 504).

**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:**  
[previously removed by user]  
The github user [private] has posted client and server code of Daybreak's game Free Realms:  

Free Realms Client from Ceax	Initial commit	2 days ago [previously removed by user]  

Free Realms Client from Reconnected	Initial commit	2 days ago  
[previously removed by user]  

Free Realms Server by Joshsora	Initial commit	2 days ago  
[previously removed by user]  

"This archive contains the works of Joshsora (https://www.GitHub.com/Joshsora/)  
It includes:  

- All of the coding and reverse engineering done by Joshsora in it's final state.  
- A pre-built version of the final server.  
- The packet logs supplied by Womayhem.  
- Utilities created by Joshsora to aid development.  

Sadly, the WebAPI has been lost so none of this works, but it's easy enough to reproduce if you have the source code.  

NOTE:

This server will not get you past the loading screen, as that part was never figured out.
The loading screen does not complete because the game hangs waiting for "character data".
The client does think that it has joined a world, and has successfully logged in.

For anyone who is not a developer, THIS IS NOT PLAYABLE!

~ Joshsora"

**Have you searched for any forks of the allegedly infringing files or repositories? Each fork is a distinct repository and must be identified separately if you believe it is infringing and wish to have it taken down.**  
https://github.com/TianDaGe/FreeRealms

Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?**  
No.

**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?**  
We request that the code and files hosted on GitHub be removed completely.

We demand that the GitHub user immediately and permanently ceases and desists from the development, hosting, and distribution of any and all code, game assets, products and services related to Free Realms – including, but not limited to, taking down the code and files in the repositories here on GitHub. Additionally, we demand that the user immediately ceases any and all use, in connection with any internet site or otherwise, that infringes Daybreak's trademark rights in these marks.

**Do you have the alleged infringer's contact information? If so, please provide it:**  
[private]  
https://github.com/TianDaGe

**Type (or copy and paste) the following statement: "I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration."**  

I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration.

**Type (or copy and paste) the following statement: "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."**  

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.

**Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/**  
confirmed

**So that we can get back to you, please provide either your telephone number or physical address:**  
[private]    
15051 Avenue of Science  
San Diego, CA 92128  
[private]    

**Please type your full legal name below to sign this request:**  
[private]    
[private] of Daybreak Game Company LLC=