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2023/02/2023-02-21-bandai.md

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+Dear GitHub
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+ 
+
+**IP infringement Takedown notification**  
+**Infringing URL**: https://github.com/caralr/taiko-web (and all forked repositories)
+
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+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.
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+**Bandai Namco**
+
+Bandai Namco is the owner of the copyright subsisting in the numerous original artistic, 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**").
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+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 caralr/taiko-web and all repositories forked from caralr/taiko-web. 
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+Although caralr/taiko-web is the current parent repository for the group of Taiko no Tatsujin simulator repositories, the original parent repository was bui/taiko-web.  This repository was the subject of a takedown request from our client on 22 January 2019 (reference: COMESO#98556477). We reiterated our client's request for the removal of bui/taiko-web on 6 April 2020. Copies of these requests can be found at **Annex 1**. Our client recently identified the individual who was responsible for bui/taiko-web and it has now been taken down by that individual following a direct request.
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+caralr/taiko-web
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+We enclose at **Annex 2** a comparison of some of the infringing assets contained in caralr/taiko-web with the Taiko no Tatsujin Copyright Works. Furthermore, caralr/taiko-web explicitly states that it constitutes "a web-based Taiko no Tatsujin simulator" and provides a hyperlink to a running instance of the software which was accessible at www.taiko.bui.pm (see screenshot at **Annex 3**). This running instance has since been removed pursuant to our client's request to the owner.
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+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.
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+Forked repositories that are also for Taiko no Tatsujin simulators
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+Our client is aware that a significant number of other users have created derivative repositories 'forked' from, originally, bui/taiko-web and now caralr/taiko-web (the "**Forked Repositories**").  At the time of writing, there are 275 Forked Repositories (see screenshot at **Annex 4**).
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+Given that the Forked Repositories have been copied from bui/taiko-web and/or caralr/taiko-web, 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, in accordance with GitHub policy, we have reviewed a sample of the Forked Repositories to demonstrate that:
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+1. The repositories contain the same infringing assets as caralr/taiko-web; and
+2. The repositories state that they constitute a "Taiko no Tatsujin simulator".
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+This analysis can be found at **Annex 5**. Based on the representative number of the Forked Repositories we have reviewed, we believe that it is clear that, at the very least, substantially all of the Forked Repositories are infringing to the same extent as the parent repository.
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+**GitHub's liability for the infringing content on its platform**
+
+You will appreciate that the contents of caralr/taiko-web 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.
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+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**
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+In light of the above, we request that you take immediate action to remove:
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+1. the Taiko Web repository found at https://github.com/caralr/taiko-web;
+2. the Forked Repositories; and
+3. any further forked repositories that have been created.
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+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.
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+We look forward to receiving confirmation that the above requests have been complied with by 27 February 2023 at the latest.
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+**Statements**
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+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 fair use into consideration.
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+I 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.
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+Yours sincerely
+
+[private]  
+**Osborne Clarke LLP**