dmca/2023/10/2023-10-18-casio-computer.md
2023-10-19 18:56:39 +00:00

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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.

I have read and understand GitHub's Guide to Filing a DMCA Notice. Casio Computer Co., Ltd., the copyright holder, has authorized SNB-REACT U.A. to act against content infringing its intellectual property rights on the internet on its behalf.

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.

Casio Computer Co., Ltd. has published its official ClassPad software and ClassWiz Emulator on ClassPad.net, which is software available after paying a subscription fee. See https://classpad.net/intl/ near the bottom of the page, the bottom left of the page also contains a copyright notice identifying Casio Computer Co., Ltd. as the copyright holder.

What files should be taken down? Please provide URLs for each file, or if the entire repository, the repositorys URL.

https://github.com/tryclasspad/tryclasspad
https://github.com/tryclasspad/tryclasspad.github.io
https://tryclasspad.github.io/

The entire repos are infringing and should be removed. The first repo contains a notice wherein the uploader admits the code infringes the copyrighted ClassPad content ("free version of CASIO ClassPad before you can actual pay for CASIO ClassPad version" archive URL for reference: [private]

The second repo even contains a copyright notice admitting bluntly that the copyright holder is indeed Casio Computer Co., Ltd. ("Copyright (C) 2023 CASIO Computer CO. LTD", archive URL for reference: [private]

Linking directly to one of the infringing repos, the initial uploader (at the time using the username '[private]') has been clearly advertising that the mentioned repos contain unauthorized reproductions of Casio's copyrighted ClassPad content (see https:[private]), stating he has "recently published CASIO ClassPad on github.io" He even stated: "Hope CASIO won't see this".

The repositories' uploading account, which uses the username 'tryclasspad', the same as one of the repo names, is being followed (see [private]) by an account ([private]), with a highly similar username as an earlier infringer. This indicates that the user ([private] then) seeks to evade prior Github policy enforcement or content moderation actions.

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.

No

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.

(Some of) the infringing content initially resided at [invalid] but it was later removed

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 infringers contact information? If so, please provide it.

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.

[private]
[private]
[private], [private], [private]

Please type your full legal name below to sign this request.

[private]