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**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.**
This firm represents Moonsworth LLC (hereinafter “Moonsworth”). Moonsworth is the creator and owner of the downloadable software known as “Lunar Client”.1 Your platform, located at https://github.com, hosts content that is actively infringing upon my client’s copyrights.
Moonsworth is the copyright owner of the underlying source code of Lunar Client as well as all designs and artwork associated therewith. The infringing works, which appear on the repository located at https://github.com/Nilsen84/lunar-client-qt and https://github.com/Nilsen84/lunar-client-agents , are unauthorized copies of my client’s original copyrighted works or are substantially similar to my client’s works.
The right to prepare derivative works based upon the original, copyrighted work is one of the express rights afforded to copyright owners by U.S. Copyright law. See 17 U.S.C. § 106(2). Our client’s exclusive right to prepare derivative works based upon the original Lunar Client, however, is being infringed upon by distribution of materials on the repository by GitHub users.
When used pursuant to this direction, implementation of the codes contained in the repository result in the modification of the Lunar Client content and its features. The resulting product is a new, derivative work which incorporates a majority of my client’s original, copyrighted source code. See, e.g., Micro Star v. Formgen Inc., 154 F.3d 1107 (9th Cir. 1998) (holding that CDs containing code which modified the video game “Duke Nukem” were unauthorized derivative works and, therefore, copyright infringement). The creation of such derivative work without my client’s express authorization is a violation of my client’s copyright rights.
All correspondence regarding this matter, on behalf of the copyright owners, should be directed to our offices as follows:
[private]
Morrison Rothman LLP
[private]
[private]
[private]
[private]
I have taken fair use into consideration.
I have a good faith belief that the use of the material and the matter complained of in
this letter are not authorized by the copyright owner, any of their agents, or under the law.
The information in this notification is correct and I swear under the penalty of perjury that I am authorized to act on behalf of the owners of the exclusive rights. This includes, specifically, the copyrights that we allege to be infringed upon.
Upon receipt of this notification you now have actual notice that the material on your
system is infringing and, in order to avoid liability, it is incumbent upon you pursuant to 17
U.S.C § 512 to remove and/or disable the infringing materials immediately.
If you have any questions regarding this notice or the information contained therein,
please feel free to contact me. We look forward to your speedy acquiescence to the
requirements of the Copyright Act, the removal of the infringing works, notification, and
your cooperation in this matter.
**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.**
https://www.lunarclient.com/
**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.**
https://github.com/Nilsen84/lunar-client-qt
https://github.com/Nilsen84/lunar-client-agents
**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.**
No
**<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.**
https://github.com/Nilsen84/lunar-client-qt
https://github.com/better-lc/lunar-client-qt
https://github.com/Briiqn/lunar-client-qt
https://github.com/buiawpkgew1/lunar-client-qt
https://github.com/ceilingfans/lunar-client-qt
https://github.com/devPrzemuS/lunar-client-qt
https://github.com/Djrovai/lunar-client-qt
https://github.com/Gamelegendx/lunar-client-qt
https://github.com/iqwe323/lunar-client-qt
https://github.com/itscola/lunar-client-qt
https://github.com/jalal26/lunar-client-qt
https://github.com/Laurin12344/lunar-client-qt
https://github.com/likewiseplug/lunar-client-qt
https://github.com/NukariNumiku/lunar-client-qt
https://github.com/Prorok5247/lunar-client-qt
https://github.com/Termostato/lunar-client-qt
https://github.com/u9g/lunar-client-qt
https://github.com/Youded-byte/lunar-client-qt
https://github.com/better-lc/lunar-client-agents
https://github.com/Briiqn/lunar-client-agents
https://github.com/ClankySun10936/lunar-client-agents
https://github.com/Prorok5247/lunar-client-agents
**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.**
**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]
Morrison Rothman LLP
[private]
[private]
[private]
[private]
**Please type your full legal name below to sign this request.**
[private]