dmca/2019/02/2019-02-08-Nexon.md

NEXON KOREA CORPORATION

[private]

[31st] January 2019

GitHub Inc. (Attn: DMCA Agent)

88 Colin P Kelly Jr St

San Francisco, CA. 94107

Dear Sirs

Infringement of Intellectual Property owned by Nexon Korea Corporation

Nexon Korea Corporation (hereinafter, “Nexon”) is one of the world's largest online & mobile game developing and publishing company.

Nexon created and developed “Vindictus” and fully owns any and all intellectual property within the game.

It has come to our attention that in your website you have allowing your user to illegally distribute Vindictus source files (Nexon IP). Nexon IP of your website has been decompiled illegally from the binary server codes of the Vindictus (“Infringing IP”) which can cause others to make private servers which can be illegal also.

The Infringing IP clearly states in its description that the files are based from the Vindictus.

In the circumstances, the Infringing IP is an illegal and unauthorized decompiling and distribution of Nexon IP, and that any of the actions related to the Infringing IP including but not limited to the creation, publication, and sales shall be illegal.

Website containing Infringing IP is as below:
https://github.com/DemonRem/Vindictus-Sever
https://github.com/SunFluxGames/Vindictus
https://github.com/changthai2540/Vindictus
https://github.com/DemonRem/Vindictus
https://github.com/melxman/Vindictus
https://github.com/SDClowen/Vindictus
https://github.com/sector1337/Vindictus
https://github.com/SwirlClinic/Vindictus
https://github.com/Gigawiz/Vindictus-Sever

Nexon takes the proprietary rights in the Nexon IP very seriously and will not tolerate the infringement of its intellectual property rights. Nexon requires that you forthwith comply with the following demands:

1. that you immediately cease and desist from commercial or non-commercial usage of the Infringing IP or allowing any of unauthorized Nexon IP distributing through your website, and that you undertake not to resume such infringing activities in the future;

2. destruct or retrieve any and all files or data of which you have distributed through your clients;

3. provide Nexon with an official written confirmation related with the above 1 and 2 activity along with an apology;

4. that you provide full details as to where or whom the Infringing IP has been distributed to; and

5. that you compensate for damages and costs in a sum to be agreed.

We require that you contact us within 14 days with a view to entering into a suitable letter of undertaking reflecting the above.

If you fail to contact us within the deadline and/or fail to comply with our demands, we shall seek to issue proceedings against you without further notice. In any such proceedings we shall seek injunctive relief and appropriate orders relating to delivery up and disclosure. We shall also seek damages, additional damages and/or an account of profits and an order to cover our costs which you understand may be substantial.

"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."

If you have any questions on the above, you should contact Legal_Intl@nexon.co.krmailto:Legal_Intl@nexon.co.kr.

Yours faithfully

Nexon Korea Corporation

International Legal Affairs Team

[private]