5.5 KiB
Are you the copyright holder or authorized to act on the copyright owner's behalf?
Yes, I am the copyright holder.
Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?
No
Does your claim involve content on GitHub or npm.js?
GitHub
Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.
I am one of the [private] of the project being infringed upon. I am a copyright holder, and have obtained the written consent of the other copyright holders working on this project to issue a DMCA takedown on everyone's behalf.
Please provide a detailed description of the original copyrighted work that has allegedly been infringed. If possible, include a URL to where it is posted online.
I have read and understand GitHub's Guide to Filing a DMCA Notice.
The following project (https://github.com/loypoll/OpenSpire) is infringing on our work, the video game Sugary Spire (Public release: https://sugary-spire.itch.io/sugary-spire-demo, [private]: [private].
The infringing project is an unauthorized full decompilation of an unreleased build of the original game. This build was leaked without developer permission or knowledge and, moreover, the decompilation project on your website contains unauthorized duplicates of all music, game levels, sprites, and other game assets which our team holds the exclusive copyrights to. Virtually all of these assets are our exclusive copyright, and we have not permitted their use in this project. Because the entire repository is one large infringement, its derivatives, including all forks, are also infringing upon our content, and we have not permitted any of them. At the time of writing, there exist 5 forks.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
We ask that the main repository and all forks be shut down, as they have not made any changes geared at removing our copyrighted content. Here is a link to the main repository:
https://github.com/loypoll/OpenSpire
As this repository is inherently an infringing repository, essentially none of its content is the repository creator's original work or work which they have been permitted to use. For the dispute to be remedied, the vast majority of its contents would need to be removed, including all code unique to Sugary Spire, all artwork, all music tracks, all game levels, etc. Laying out exactly which assets that the creator is and is not entitled to make use of would require a vastly greater standard of care than the repository owner has exerted, and thus we ask that the infringement is remedied by entirely disabling or deleting the repository.
Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our Complaints about Anti-Circumvention Technology if you are unsure.
No
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.
Here are links to all publicly available forks that we were able to identify:
[invalid]
https://github.com/zyledev/OpenSpire
https://github.com/evanyyii/OpenSpire
https://github.com/kenan238/OpenSpire-FMOD
https://github.com/Apolog-etic/OpenSpire
All of these forks are equally as infringing as the main repository.
Is the work licensed under an open source license?
No
What would be the best solution for the alleged infringement?
Other Change
Describe the change.
The repositories in their entirety should be completely disabled or deleted.
Do you have the alleged infringer’s contact information? If so, please provide it.
The parties we allege to be infringing upon our copyrights are those who own the disputed repositories. The owners and contributors to the main repository, who we have reason to believe are knowing and malicious in their infringement upon our copyright, are as follows:
[private]
[private]
[private]
The following users are owners to forks of the main repository:
SillyBilly-123 zyledev evanyyii kenan238
I do not know of any means to reach these users outside of GitHub.
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 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 have read and understand GitHub's Guide to Submitting a DMCA Takedown Notice.
So that we can get back to you, please provide either your telephone number or physical address.
I prefer to be emailed at [private], or telephoned at [private]. I can answer calls on any days, between [private]. My [private] account is [private].
Please type your full legal name below to sign this request.
[private]