dmca/2016-04-19-NCSOFT.md в 892faf4dd112bafb06fbc8e069dbf8492dd39b44

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April 19, 2016

Via Electronic Mail
Copyright Agent
GitHub
copyright@github.com
support@github.com

Re: DMCA Violation – Takedown Notice

Dear GitHub Copyright Agent:

This firm represents NCSOFT. NCSOFT is a leading online, game developer and publisher that has produced popular games such as Lineage, Lineage II and Aion, among others (the “Games”). The Games consist of copyrighted game software code, including consumer-side code and server-side code (operated and controlled by NCSOFT), which interact to facilitate gameplay by the end-users.

Since the resolution of our prior takedown notice dated March 28, 2016, our client has investigated and identified additional webpages where NCSOFT’s server code or derivations of it have been made available on GitHub.com, (the “Infringing Code”) which is being used to operate private servers to permit access to versions of our client’s Games, which are subject to copyright protection and various access-control measures designed to prevent unauthorized access to and/or use of the Games on non-client servers. The Infringing Code has been made available, and altered, on GitHub.com, without the consent or authorization of NCSOFT, and its publication, manipulation, and use by third parties constitutes an infringing derivative work under the Copyright Act. Moreover, the Infringing Code no doubt was obtained by interrupting the encrypted communication that exists between the consumer-side and server-side of NCSOFT’s proprietary game code, or by directly hacking or otherwise obtaining server-side code, constituting a violation of both the anti-circumvention provision of the DMCA and likely the Computer Fraud and Abuse Act.

This letter shall serve as your notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) that NCSOFT’s rights are being violated. In addition, I have read and understand GitHub's Guide to Filing a DMCA Notice. We provide the following information and statements relevant for this request under the DMCA:

• I have been engaged to act on behalf of the copyright owner, NCSOFT.

• The copyrights at issue are the copyrights in the proprietary game software code (specifically, the server-side code) which allow users to access and play the Games via the NCSOFT server;

• The Infringing Code is being displayed and altered on GitHub.com without the consent or authorization of NCSOFT at the webpages identified below, and is designed to provide access via private servers to the Games.

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

• My address, email, and telephone number are:
488 Madison Avenue, New York, NY 10022
[private]

• I swear, under penalty of perjury, that the information in the notification is accurate and that I am authorized to act on behalf of the owner of exclusive rights that are allegedly infringed.

We are seeking GitHub’s immediate assistance in stopping the unauthorized and infringing activity described above. Specifically, we request that GitHub (or the individual(s) or entit(ies) that posted the infringing content) immediately remove the Infringing Code from GitHub.com. To be clear, we are requesting that all code at the webpages identified above be removed.

This letter constitutes notice to GitHub that the individual(s) or entit(ies) that posted, or authorized GitHub to post, the Infringing Code may be liable for the above-referenced infringing activity. In addition, under the DMCA, if GitHub continues to ignore these notices, GitHub may be liable for any resulting infringement.

This letter is not an exhaustive statement of and is without prejudice to NCSOFT’s rights and remedies in connection with this matter, both legal and equitable, all of which are expressly reserved.

Thank you for your assistance with this matter.

Sincerely,
[private]

[private] | Frankfurt Kurnit Klein & Selz PC
488 Madison Avenue | New York, New York 10022
[private]

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