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While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s).
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.
The Data Lawyers B.V. is a Dutch law firm incorporated under Dutch laws (registered with the Dutch Chamber of Commerce under number 77892755). The lawyers working at The Data Lawyers are admitted to the Dutch bar. The Data Lawyers acts as legal representative for Poki and are therefore authorized to act on their behalf. The developer of the game in question – New Star Games – has given Poki power of attorney with full power of substitution. This means that The Data Lawyers authorized to act 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.
Dear Sir or Madam,
Poki B.V. (hereinafter “Poki”) has asked us to represent it in view of the following. Poki has noticed a website affiliated with GitHub offers a copy of the game Retro Bowl. Poki holds the (exclusive) license to this game (“Licensed Game”). We are referring to the website with the domain name ‘retrobowl.github.io/’ (hereinafter the “Infringing Website”).
Poki’s license includes the right to exploit and distribute the Licensed Game. By running the Licensed Game on the Infringing Website, the intellectual property rights of both Poki and its licensors are infringed, and damages are suffered. There has not been a request nor permission for the use of the Licensed Game. Therefore, this unauthorized copying and use of the Licensed Game constitutes to copyright infringements under the applicable laws.
The exclusive license also includes all use of material relating to the Licensed Game. This means that the use of copyrighted materials such as, thumbnails and images of said Licensed Game is also prohibited. Furthermore, the use of the name of the Licensed Game ‘Retro Bowl’ in the domain name of the Infringing Website is also an infringement of the rights of Poki and its licensors and is also causing damages to Poki and its licensors. We hereby urge the immediate halt of the use of this domain name immediately.
We are directing this letter to you (“GitHub”) since there is no contact information present on the Infringing Website. We thus see no other option than to request GitHub to immediately and permanently remove the Licensed Game and any related material from the Infringing Website, ultimately by Friday 13 January 2023 2022. We furthermore request that GitHub discloses the contact information of the website owner so that we can contact it directly. Poki expects your confirmation of the receipt of this letter and of full compliance with our request ultimately by the same date.
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our Complaints about Anti-Circumvention Technology if you are unsure.
Yes
What technological measures do you have in place and how do they effectively control access to your copyrighted material?
N/A
How is the accused project designed to circumvent your technological protection measures?
N/A
Have you searched for any forks 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.
N/A
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.
As mentioned previously, we do not have the infringer's contact information. We request that GitHub discloses the contact information of the website owner so that we can contact it directly.
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.
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 Guide to Submitting a DMCA Takedown Notice.
So that we can get back to you, please provide either your telephone number or physical address.
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Please type your full legal name below to sign this request.
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