From 7323e61a35ff95c26c20e7d2841a08284f5abdba Mon Sep 17 00:00:00 2001 From: Hubot Date: Fri, 10 Mar 2017 13:17:33 -0800 Subject: [PATCH] Process DMCA request --- 2017/2017-03-09-pokiimap.md | 94 +++++++++++++++++++++++++++++++++++++ 1 file changed, 94 insertions(+) create mode 100644 2017/2017-03-09-pokiimap.md diff --git a/2017/2017-03-09-pokiimap.md b/2017/2017-03-09-pokiimap.md new file mode 100644 index 000000000..03749848c --- /dev/null +++ b/2017/2017-03-09-pokiimap.md @@ -0,0 +1,94 @@ +*Re-Sent via Email * +GitHub, Inc +Attn: DMCA Agent +88 Colin P Kelly Jr St. +San Francisco, CA 94107 +copyright@github.com + +March 1, 2017 + +*Re: Third Cease and Desist Notice* + +We write on behalf of The Pokémon Company International, Inc. (“Pokémon”), +which together with its partners and affiliates, including Niantic, Inc., +makes available the wildly popular Pokémon GO mobile application game. +Pokémon has recently gathered evidence that the PokiiMap app (the +“Infringing App”), which incorporates Pokémon’s intellectual property +without authorization, is located at https://github.com/kiideveloper/pokiimap. + +On February 10, 2017, we contacted the GitHub user associated with this +page, KiiDeveloper, through the email GitHub provided: +[private]. In that letter, we explained that +KiiDeveloper must cease and desist using Pokémon’s intellectual property in +and to advertise the Infringing App. But the user has not replied. + +This letter is official notification under Section 512(c) of the Digital +Millennium Copyright Act (”DMCA”), through which Pokémon seeks the removal +of the aforementioned infringing material from your servers. We have read +and understand GitHub's Guide to Filing a DMCA Notice and request that you +immediately notify the infringer of this notice and inform them of their +duty to remove the infringing material immediately, and notify them to +cease any further posting of infringing material to your server in the +future. + +*INFRINGEMENT OF POKÉMON INTELLECTUAL PROPERTY * + +Pokémon has expended considerable time, energy, and money to develop iconic +characters like Pikachu. To protect its investment and the world-famous +Pokémon franchise, Pokémon owns numerous copyright registrations for +characters and other Pokémon related images (see generally +http://www.pokemon.com/us/). + +The Infringing App reproduces and displays some of these copyrighted +images, including but not limited to the following Pokémon: + +- Eevee (U.S. Copyright Registration Nos. VA0001917286, VA0001937061, +VA0001917164, VA0001943675, VA0001943678, VA0001937061, VA0001964287) +- Nidoran (U.S. Copyright Registration Nos. VA000175786, VA0001757855, +VA0001945469, VA0001945473, VA0001990714) +- Pidgey (U.S. Copyright Registration Nos. VA0001964995, VA0001757852) +- Weedle (U.S. Copyright Registration No. VA0001933743, VA0001937692, +VA0001945492, VA0001991375) + +The infringement is shown in the following screenshot captured from the +website as of February 10, 2017: + +​ +We have a good faith belief that the use of Pokémon copyrighted works has +not been licensed or otherwise authorized by Pokémon and constitutes +copyright infringement under the Copyright Act, 17 U.S.C. § 101 et seq. I +have taken fair use into consideration. + +Based on the foregoing, Pokémon demands that all infringing content be +immediately removed and/or access to that content be permanently disabled, +including: + +- Screenshots from the Infringing App containing Pokémon copyrighted +work; +- The following repository files: +- README.md +- Pokeball.png +- Screen1.png +- The "app" folder +- The hosted files available at: , including +- pokiimap-2.4.0-full.apk +- Source code (zip) +- Source code (tar.gz) + +I swear, under penalty of perjury, that the information in this +notification is accurate and that I am authorized to act on behalf of +Pokémon, the indisputable owner of all right, title and interest, including +copyrights, in the world famous Pokémon franchise. + +This letter is not intended to provide a complete statement of the facts or +law applicable to the infringements and violations described herein, and +Pokémon expressly reserves all of its rights, claims, causes of action and +remedies with regard to this matter. You are also reminded of your legal +obligation to preserve and prevent the destruction of any and all +documents, data, and other evidence in your possession, custody or control +related to your activities. + +Sincerely, + +Focal PLLC +[private]