Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of the affected repositories to give them an opportunity to [make changes](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).
- offered to connect the owners of the affected repositories with [legal resources](https://github.blog/2020-11-16-standing-up-for-developers-youtube-dl-is-back/#developer-defense-fund) as part of our commitment to standing up for developers.

To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md#anatomy-of-a-takedown-notice).

---

**Are you the copyright holder or authorized to act on the copyright owner's behalf?**

Yes, I am authorized to act on the copyright owner's behalf.

**Are you submitting a revised DMCA notice after GitHub Trust & Safety requested you make changes to your original notice?**

No

**Does your claim involve content on GitHub or npm.js?**

GitHub

**Please describe the nature of your copyright ownership or authorization to act on the owner's behalf.**

Attorney for copyright holder, Nintendo of America Inc.

**Please provide a detailed description of the original copyrighted work that has allegedly been infringed. If possible, include a URL to where it is posted online.**

The Nintendo Switch console and video games contain multiple technological protection measures (“Technological Measures”) including those that permit the Nintendo Switch console to interact only with legitimate Nintendo video game files. This process protects Nintendo’s copyright-protected video games, including but not limited to those covered by U.S. Copyright Registration numbers PA0002213509 (Super Mario Maker 2); PA0002233840 (Animal Crossing: New Horizons); PA0002213908 (Luigi’s Mansion 3); and PA0002028142 (The Legend of Zelda: Breath of the Wild) by preventing users from playing pirated copies of Nintendo’s video games on the Nintendo Switch console and by preventing users from unlawfully copying and playing Nintendo’s video games on unauthorized devices.

**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**

https://github.com/Scandal-UK/Incognito_RCM/releases  
https://github.com/shchmue/kezplez-nx/releases  
https://github.com/SpaceNX/Lockpick_RCM/releases  
[invalid] 

**Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice#complaints-about-anti-circumvention-technology">Complaints about Anti-Circumvention Technology</a> if you are unsure.**

Yes

**What technological measures do you have in place and how do they effectively control access to your copyrighted material?**

Nintendo embeds Technological Measures in both the Nintendo Switch console (the “Console TPMs”) and video game files (the “Game TPMs”) used to access each game played on the Nintendo Switch. The Console TPMs and Game TPMs employ encryption as described in more detail below.
The Nintendo Switch console allows users either to play games on physical cartridges that are inserted into the console, or to play games digitally downloaded from Nintendo’s server. Both formats are protected by Nintendo’s Technological Measures. When a game is started on the Nintendo Switch console a Game TPM is decrypted using cryptographic keys that are protected by Console TPMs. The games themselves can then be decrypted by the decrypted Game TPMs so the game can be played. Nintendo owns or exclusively controls numerous copyrights in software and games that are protected from unlawful access and copying by the operation of these Technological Measures. In their ordinary course of operation, the Technological Measures require the application of information and a process (as described above), with the authority of Nintendo, to gain access to Nintendo’s copyrighted works, and thus effectively control access to and copying of Nintendo’s copyrighted works.

**How is the accused project designed to circumvent your technological protection measures?**

The reported repository offers and provides access to circumvention software that infringes Nintendo’s intellectual property rights. Specifically, the reported repository provides Lockpick to users. The use of Lockpick with a modified Nintendo Switch console allows users to bypass Nintendo’s Technological Measures for video games; specifically, Lockpick bypasses the Console TPMs to permit unauthorized access to, extraction of, and decryption of all the cryptographic keys, including product keys, contained in the Nintendo Switch. The decrypted keys facilitate copyright infringement by permitting users to play pirated versions of Nintendo’s copyright-protected game software on systems without Nintendo’s Console TPMs or systems on which Nintendo’s Console TPMs have been disabled. Trafficking in circumvention software, such as Lockpick, violates the Digital Millennium Copyright Act of the United States (specifically, 17 U.S.C. §1201), and infringes copyrights owned by Nintendo.

**<a href="https://docs.github.com/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork">Have you searched for any forks</a> of the allegedly infringing files or repositories? Each fork is a distinct repository and must be identified separately if you believe it is infringing and wish to have it taken down.**

No, we have not searched for forks.

**Is the work licensed under an open source license?**

No

**What would be the best solution for the alleged infringement?**

Reported content must be removed

**Do you have the alleged infringer’s contact information? If so, please provide it.**

No, we do not have contact information.

**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 <a href="https://www.lumendatabase.org/topics/22">fair use</a> 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.**

**I have read and understand GitHub's <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.**

**So that we can get back to you, please provide either your telephone number or physical address.**

[private]  
[private]  
[private]  

**Please type your full legal name below to sign this request.**

[private]  
