BY EMAIL
copyright@github.com

Dear Sir,

RE: Serious infringement of intellectual property rights – https://github.com/Eureka22/agar-clone (the “URL”)

We understand that you host the above URL on your site (www.github.com) and refer to Article 14 of the E-Commerce Directive.

The copyright work that has been infringed:

www.agar.io and the Agario game have, since their launch in early 2015, become global sensations. The Agario game’s distinctive style and graphics are known to tens of millions of players around the world. The Agario game has more than 4.5million MAUs and is growing. All copyright, trademark and associated intellectual property rights in www.agar.io and the Agario game are owned by Miniclip SA. Players have come to associate “Agar”, “Agar.io” and “Agario” with the original Agario game.

The scope of infringement:

1.	The URL describes itself as a “clone of agar.io” and upon examination, it copies significant elements of the Agario game and makes unauthorized adaptations to the Agario game without permission. Such adaptations include but are not limited to adding an “in-game chat feature”, “mobile device support” and “multi-server feature”. Accordingly, the URL seriously infringes the copyright held by Miniclip in the Agario game.

2.	The URL blatantly infringes Miniclip’s copyright and amounts to passing off in the following manner:

a.	Providing html code to make unauthorized adaptations to the Agario game. In particular, the file "main_out.js" in the repository of the URL is a deobfuscated version of that of the original Agario game which is available at http://agar.io/main_out.js;
b.	Featuring the agar name in the page of the URL and thus creating a false association with the Agario game; and
c.	intentionally passing-off on the success of the Agario game.

3.	The URL has adapted the original Agario game without our authorization and used the entirety of the original game. The URL encourages others to infringe Miniclip's copyright in the Agario game. The URL is a deliberate attempt to create a false association with the Agario game, take advantage of the goodwill and reputation in the Agario game and divert users of the Agario game to the URL, all of which causes substantial damage to Miniclip. This amounts to passing off in the UK.

4.	The owner(s) of the URL have benefitted from user traffic through deliberately copying substantial elements of the Agario game to attract users. As the proprietor of all intellectual property in the Agario game, Miniclip is entitled to the benefit of all user traffic and resulting revenue. We reserve our rights to commence proceedings for damages, including lost revenue, as a result of such infringement.

Action to undertake to remedy the infringement:

a)	Please forward this letter to the relevant account owner(s) of the URL.

b)	This letter is a formal legal demand to the owners of the URL to CEASE and DESIST immediately infringement of copyright in the Agario game and related acts of passing off and NOT RESUME them. The owner must immediately remove the URL and the whole repository from all platforms and public markets immediately including but not limited to https://github.com. Failure to remove the URL from all platforms and public markets will leave Miniclip with no choice but to commence legal proceedings against the owner.

c)	In the meantime, and to mitigate the significant losses that continue to grow, we request that Github stops hosting the URL and removes the whole repository with immediate effect.

Declarations

•	I have read and understand GitHub’s Guide to Filing a DMCA Notice.
•	I have good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorised by the copyright owner, or its agent, or the law.
•	I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or am authorised to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Contact details:

[private]

Faithfully

Legal Team
For and on behalf of Miniclip SA
