Note: Because the parent repository was actively being forked when this DMCA takedown notice was received, and there were no known forks at the time they submitted the takedown notice, GitHub processed the takedown notice against the entire network of 12 repositories, inclusive of the parent repository.

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[private]  
[private]  
for Osborne Clarke LLP  
osborneclarke.com 

…………………………………………………..……...........

E [private]  
T [private]  

Pronouns [private]  

[private]  
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[private]  

 

Dear GitHub

 

IP infringement – takedown notification

Infringing URL: https://github.com/bakachaneee/taiko-web-fuck-namco-ver (and forked repositories)

 https://github.com/313221670983405723946234877689348/taiko-web-fuck-namco-ver  
 https://github.com/Assistant/taiko-web  
 https://github.com/GalaxyOsu/taiko-web-fuck-namco-ver  
 https://github.com/SchwabischesBauernbrot/taiko-web  
 https://github.com/sdfliutgoijfidsjtoijpoidjosighoiasdp9ue/SimpleWeb  
 https://github.com/vinceau/taiko-web  
 https://github.com/xjunko/taiko-web

We are solicitors acting for Bandai Namco Entertainment Inc. ("Bandai Namco") in relation to its intellectual property rights.

Bandai Namco is a leading interactive entertainment company and one of its most popular video games is Taiko no Tatsujin, which is a rhythm game where players simulate playing a Japanese Taiko drum.

Bandai Namco

Bandai Namco is the owner of the copyright subsisting in the numerous original artistic works, including images used in the game, and musical works embodied in the software of the Taiko no Tatsujin game, which are displayed when the game is played, as well as in the game itself (the "Taiko no Tatsujin Copyright Works").

The website of the Taiko no Tatsujin game can be found at: https://taiko-ch.net/. The website provides examples of Taiko no Tatsujin Copyright Works, but is not exhaustive.

GitHub repositories for Taiko no Tatsujin simulators

Our client is aware of numerous software repositories available on GitHub for a web-based Taiko no Tatsujin simulator which infringes our client's copyright. The complaint is directed against bakachaneee/taiko-web-fuck-namco-ver and all repositories forked from bakachaneee/taiko-web-fuck-namco-ver.

bakachaneee/taiko-web-fuck-namco-ver

We enclose at Annex 1 a comparison of some of the infringing assets contained in bakachaneee/taiko-web-fuck-namco-ver with the Taiko no Tatsujin Copyright Works. Furthermore, bakachaneee/taiko-web-fuck-namco-ver explicitly states that it constitutes "a web-based Taiko no Tatsujin simulator" and provides a hyperlink to a running instance of the software which is accessible at https://taiko.pages.dev (see screenshot at Annex 2).

It is clear that copying has taken place given the artistic and musical works used in the Taiko no Tatsujin simulator were identical and/or substantially similar to the Taiko no Tatsujin Copyright Works. There can be no explanation for this other than copying.

Forked repositories that are also for Taiko no Tatsujin simulators

Our client is aware that a number of other users have created derivative repositories 'forked' from, bakachaneee/taiko-web-fuck-namco-ver (the "Forked Repositories").  At the time of writing, there are 7 Forked Repositories (see screenshot at Annex 3).

Given that the Forked Repositories have been copied from bakachaneee/taiko-web-fuck-namco-ver, it is clear that the Forked Repositories also allow users to run a web-based Taiko no Tatsujin simulator which infringes the Taiko no Tatsujin Copyright Works.

Furthermore, we have reviewed the Forked Repositories to demonstrate that:

The repositories contain the same infringing assets as bakachaneee/taiko-web-fuck-namco-ver; and  
The repositories state that they constitute a "Taiko no Tatsujin simulator".  
This analysis can be found at Annex 4.

Previous takedown notification

Although bakachaneee/taiko-web-fuck-namco-ver is the parent repository for a group of Taiko no Tatsujin simulator repositories, the original software was first made available in the repository at [private].  The [private] repository was the subject of a takedown request from our client on 22 January 2019 (reference: COMESO#98556477). Our client identified the individual who was responsible for [private] and it has now been taken down by that individual following a direct request.

Following the removal of [private], the parent repository became carlalr/taiko-web. On 13 February 2023, we filed a takedown notification against carlalr/taiko-web and all its forked repositories (see a copy of this complaint at Annex 5). Following your review of the takedown notification, the carlalr/taiko-web repository and fork network was subsequently disabled on 22 February 2023.

GitHub's liability for the infringing content on its platform

You will appreciate that the contents of bakachaneee/taiko-web-fuck-namco-ver and the Forked Repositories are being communicated to the public in the UK, EU and elsewhere by the GitHub platform. This communication to the public amounts to an infringing act across the EU under Article 3(1) of the Copyright Directive 2001/29/EC and Section 20 of the Copyright, Designs and Patents Act 1988.

This request means that you are on notice of the infringing content being communicated through the GitHub platform and accordingly you are not in a position to rely on the safe harbours provided for in the E-Commerce Directive 2000/31/EC and the Electronic Commerce (EC Directive) Regulations 2002 (SI 2002/2013).

Requests

In light of the above, we request that you take immediate action to remove:

the Taiko Web repository found at https://github.com/bakachaneee/taiko-web-fuck-namco-ver;  
the Forked Repositories; and  
any further forked repositories that have been created.  
As you will be aware, if the repositories are not taken down expeditiously, you may be liable for damages resulting from the account holders' activities.  

We look forward to receiving confirmation that the above requests have been complied with by 1 May 2023 at the latest.

Statements

We 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. We have taken fair use into consideration.

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

Yours sincerely

Osborne Clarke LLP

[private]
