dmca/2017/2017-02-02-FlowFree.md

2.3 KiB

I represent the McArthur Law Firm, intellectual property counsel to Big Duck Games, LLC. I believe in good faith that the material at the below listed URL infringes Big Duck Games, LLC's copyrights and that the use of the below listed third party content is not authorized by the rights holder, its agent, or the law.

Big Duck Games, LLC's copyrighted work can be found here:

https://itunes.apple.com/us/app/flowfree/id526641427?mt=8

The following content appearing on the GitHub website infringes Big Duck's copyrights. Pursuant to the DMCA, you must expeditiously disable and/or remove access to the infringing material at the following URL:

https://github.com/sirvar/flow-free

Big Duck's United States copyright registration numbers are: PA 1-917-339, PA 1-907-000, PA 1-907-001, PA 1-908-714, and PA-1-915-664.

The nature of our copyright complaint is that the infringing game is a substantially similar clone. They (1) replicate the exact game play, organization, and experience of the original Flow Free game, and (2) incorporate similar imagery from the game, which federal courts have said is enough to be considered copyright infringement. See, e.g., Spry Fox LLC v. Lolapps, Inc., 2:12-cv-00147-RAJ (W.D. Wash. Sept. 18, 2012); see also Tetris Holding, LLC v. XIO Interactive, LLC, 2012 U.S. Dist. LEXIS 74463 (D. N.J., May 30, 2012). The infringing clone has the same game play as Big Duck Games, LLC's Flow games and is substantially similar with the same total concept and feel. U.S. federal courts have held for video games that a clone is infringing and substantially similar for purposes of copyright infringement if the “total concept and feel” of the two games is the same.

Thank you for your time and consideration in this matter.

My contact information:

[private]
Email address: [private]
Phone: [private]

Additionally, the McArthur Law Firm can be contacted at:

[private]
Telephone Number: [private]
Email Address: [private]
Postal Address:
The McArthur Law Firm
11400 W. Olympic Blvd.
Suite 200
Los Angeles, CA 90064

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 an exclusive right that is allegedly infringed. Thank you for your assistance in this matter, I appreciate it.
Signature:

[private]