dmca/2022-06-21-esa.md в f3cc49f39ae0d0955b38748126ad2a01f3dfeb96

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Исходник Ответственный История

Before disabling any content in relation to this takedown notice, GitHub

contacted the owners of some or all of the affected repositories to give them an opportunity to make changes.
provided information on how to submit a DMCA Counter Notice.

To learn about when and why GitHub may process some notices this way, please visit our README.

[private]
[private]
[private]

Github, Inc.
[private]
[private]
[private]
Dear Sir or Madam:

We are writing on behalf of the Entertainment Software Association ("ESA"), a U.S. trade
association that represents the interests of the leading publishers of interactive games for video
game consoles, personal computers, handheld devices and the Internet. ESA member companies
include, but are not limited to: 505 Games, Activision Publishing, Inc., Blizzard Entertainment,
Capcom USA, Inc., Electronic Arts (EA), Epic Games, Inc., Konami Digital Entertainment,
Microsoft Corporation, Bandai Namco Games America Inc., Nintendo of America Inc., SEGA of
America, Inc., Sony Interactive Entertainment, Square Enix, Inc., Take-Two Interactive Software,
Inc., and Ubisoft Entertainment, Inc (collectively, “ESA Members”). A complete list of ESA’s
members can be found on ESA's website. We are authorized to act on behalf of ESA Members to
protect their intellectual property rights in published works when such works are subject to
copyright infringement.

We are writing as a follow to two prior intellectual property takedown notices sent to Github by
ESA. More specifically, the prior notices were sent on [private] and [private], and in each
instance Github requested additional notice. We are hopeful that this revised notice contains the
necessary information to cause removal of the infringing uses of ESA Members’ intellectual
property.

As previously noted, we have a good faith belief that extensive infringement of certain ESA
Members’ copyrights and trademarks continues to occur by virtue of the operation of the website,
jsemu2.github.io/gba/ (“Website”), and the Website is using Github’s services.

Our review of the Website indicates that it is has been marketing or otherwise making available
products and/or services that infringe on ESA Members’ copyrights and trademarks. Infringing
URLs include but are not limited to the following:

The Website’s use of ESA Members’ copyright-protected works, including full copies of games,
constitutes copyright infringement and the unauthorized use of ESA Members’ trademarks is likely
to cause consumer confusion as to the affiliation, connection or association of the Website with
ESA Members, or as to the origin, sponsorship, or approval of the Website’s goods, services or
commercial activities by ESA Members. ESA has taken fair use into consideration.

We are providing this notice based on our good faith belief that the use of such infringing material
in the manner occurring on the Website is not authorized by the copyright owners, their agents, or
the law. The information in this notification is accurate, and under penalty of perjury, we are
authorized to act on behalf of ESA Members, which own or control exclusive rights under federal
law that are being infringed in the manner described herein. We respectfully request the Infringing
URLs be permanently removed from the Website by June 30, 2022. By providing this notice,
neither ESA nor ESA Members waive any claims, rights or remedies. All such claims, rights and
remedies are expressly reserved.

If you have any questions regarding this request, you may contact [private] at [private]. Thank you for your cooperation and prompt response in this matter.

Sincerely,
Riley Safer Holmes & Cancila LLP
[private]

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