4.2 KiB
Before disabling any content in relation to this takedown notice, GitHub
- contacted the owners of some or all of the affected repositories to give them an opportunity to make changes.
- provided information on how to submit a DMCA Counter Notice.
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To Whom It May Concern:
We are the intellectual property counsel for Tetris Holding, LLC. (“Tetris Holding”), the owner of all rights in and to the Tetris® mark and game. Tetris Holding is the owner of copyright in the Tetris® game throughout the world, including U.S. copyright registrations PAu 1,214,036; PAu 1,214,035; PA 412,169; and PA 412,170. This letter is a notice of infringement pursuant to § 512(c) of the U.S. Copyright Law (section 512 is known as the Digital Millennium Copyright Act).
The TETRIS game is available at the website tetris.com and may also be downloaded on Google Play and Apple’s App Store. Please click here to access the Tetris game on our client’s website.
We direct your attention to Tetris Holding, LLC v. Xio Interactive, Inc., 863 F.Supp.2d 394 (D. N.J. 2012). Among other things, the U.S. federal district court in Xio found the following elements of the Tetris® game protectable, copyrightable expression:
-the design and movement of the playing pieces, including the downward, lateral and rotating movement
-the bright colors of the playing pieces
-the dimensions of the playing field, longer than it is wide
-the appearance of ghost or shadow pieces
-the display of the next piece to fall
Tetris Holding recently became aware of the promotion, display, and distribution online, of an “Apotris” Repository (the “Infringing Repository”) available at https://github.com/akouzoukos/apotris (the “Website”). Your company’s provision of ISP services to the Website, which makes available the Infringing Repository, violates Tetris Holding’s valid and enforceable legal rights. Specifically, the Infringing Repository trespasses on the copyright in the Tetris® game because it is displayed and accessible on the Website, which access results in a user being able to play an infringing Tetris game and unlawfully copies each of the foregoing elements that the Xio court found were protected by our client’s registered copyrights, namely:
-the design and movement of the playing pieces, including the downward, lateral and rotating movement
-the bright colors of the playing pieces
-the dimensions of the playing field, longer than it is wide
-the appearance of ghost or shadow pieces
-the display of the next piece to fall
You facilitate such public access without our client’s prior permission or authorization. This wrongdoing subjects your company, and any other person or entity acting in concert with it, to an injunction, liability for statutory damages, compensatory damages, punitive damages, disgorgement of profits, costs and attorneys’ fees under the U.S. Copyright Act, 17 U.S.C. §101 et seq.
Accordingly, Tetris Holding demands that you remove or disable access to the Infringing Repository and confirm that you have done so.
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law. 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 an exclusive right that is allegedly infringed. I have taken fair use into consideration."
This letter is without prejudice to our client’s legal rights and remedies, all of which are expressly reserved, and does not purport to be an exhaustive statement of its legal position.
Very truly yours,
[private]
By: [private]
Kind regards,
[private]
t: [private] | f: [private] | e: [private] | www.norrismclaughlin.com
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