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Process DMCA request
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2019/09/2019-09-10-nintendo-counternotice.md
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2019/09/2019-09-10-nintendo-counternotice.md
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**Are you the owner of the content that has been disabled, or authorized to act on the owner’s behalf?**
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Yes, I am representing the team of people who own the content in question.
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**What files were taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL:**
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https://github.com/KaeruTeam/TWLoader
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https://github.com/KaeruTeam/nds-constraint
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https://github.com/KaeruTeam/fs3d-patch-tool
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https://github.com/KaeruTeam/miiverse-docs
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**Do you want to make changes to your repository or do you want to dispute the notice?**
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I wish to dispute the notice.
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**Is there anything else you think we should know about why you believe the material was removed as a result of a mistake? (optional)**
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Our team believes that the notice (https://github.com/github/dmca/blob/master/2019/09/2019-09-04-Nintendo.md) was fraudulent and that the author does not represent the party that they claim to represent. This is based on the following:
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1) The notice alleges that one of our repositories contains "documentation that was not authorized to be distributed"; no documentation within our repositories has been sourced from Nintendo and it is all our own work, developed using legal means in accordance with applicable law, notably section 103(f) of the DMCA (17 U.S.C. § 1201 (f)) which permits reverse-engineering and circumventing any software protection if it is necessary in order to achieve "interoperability".
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2) The notice fails to specify any relevant patent numbers, copyright registrations or trademark registrations.
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3) The notice includes no reference to the specific entity that the author claims to represent, merely the vague name of "Nintendo", which could represent one of many of Nintendo’s corporate entities around the world; e.g. "Nintendo Co., Ltd." or "Nintendo of America Inc.".
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4) Nintendo trademarks are misspelt; e.g. "Nintendo Wifi Connection Service".
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5) There are numerous grammatical mistakes and nonsensical pseudo-legalese phrases in the notice; e.g. "[...] intends to add unauthorized modifications", "the work [...] is all rights reserved", "there is illegal emulation software".
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**Type (or copy and paste) the following statement: "I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."**
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I swear, under penalty of perjury, that I have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
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**Type (or copy and paste) the following statement: "I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Northern District of California where GitHub is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person."**
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I consent to the jurisdiction of Federal District Court for the judicial district in which my address is located (if in the United States, otherwise the Northern District of California where GitHub is located), and I will accept service of process from the person who provided the DMCA notification or an agent of such person.
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**Please confirm that you have you have read our Guide to Submitting a DMCA Counter Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-counter-notice/**
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I confirm that I have read and understood Github's Guide to Submitting a DMCA Counter Notice.
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**So that the complaining party can get back to you, please provide both your telephone number and physical address:**
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Phone number: [private]
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Address: [private]
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**Please type your full legal name below to sign this request:**
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[private]
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