June 22, 2015 <br>
VIA EMAIL <br>
GitHub, Inc <br>
Attn: DMCA Agent <br>
88 Colin P Kelly Jr St <br>
San Francisco, CA. 94107 <br>
copyright@github.com 

Re:	DMCA COMPLAINT - TAKEDOWN NOTICE

DMCA Agent:

I am corporate counsel for Trion Worlds, Inc. ("Trion"), the operator and authorized licensee of the massively multiplayer online game ArcheAge® from XLGames Inc. (“XLGames”), the owner of the game. 

It has come to my attention that one of your users, heybaby2707, is using your website to distribute what are allegedly ArcheAge files without Trion or XLGames’ permission at the following URL: 

https://github.com/aivel/VFArche. 

The unauthorized distribution of copyrighted materials by a third party is a violation of XLGames’ rights in and to the game. Moreover, allowing the unauthorized distribution of these files is a tortious interference with the contract between Trion and XLGames. Such actions are strictly prohibited under both California and common law, and allow Trion to seek equitable and legal remedies.  Specifically, the Restatement Second of Torts, § 766A provides: "One who intentionally and improperly interferes with the performance of a contract … between another and a third person by inducing or otherwise causing the third person not to perform the contract, is subject to liability to the other for the pecuniary loss resulting to the other from the failure of the third person to perform the contract."

Pursuant to the notification provisions of Section 512(c)(3)(A) et seq. of the Digital Millennium Copyright Act (the “DMCA”), Trion, as the operator and authorized licensee of ArcheAge and all copyrighted materials therein, hereby provides you with the following information related to the infringing use of Trion’s intellectual property:

1. Trion is the operator and authorized licensee of ArcheAge and all copyrighted materials therein. 

2. Trion’s exclusive rights are being violated by the materials located at the following URL:   
  
  https://github.com/aivel/VFArche
  
3. Trion’s contact information of record is as follows:  
  
  	Trion Worlds, Inc.
  	
  [PRIVATE]
  
4. Trion has a good faith belief that heybaby2707’s use of the copyrighted ArcheAge materials are not authorized by Trion or XLGames; and  

5. Under penalty of perjury in a United States court of law, I state that the information contained in this notification is accurate, and that I am authorized to act on the behalf of the exclusive rights holder for the material in question. 

Accordingly, I hereby request that you disable access to these files in as expedient a fashion as possible, and take any further actions as GitHub deems appropriate. Please notify me at your earliest convenience when this has been done. 

Please contact me at [PRIVATE] if you have any questions related to this matter. Nothing contained in this letter shall be construed as an admission or as a waiver of any rights or remedies that Trion may have at law or in equity, all of which are hereby expressly reserved.

Regards,



[PRIVATE]

Corporate Counsel

Trion Worlds, Inc. 


