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Takedown Notice under DMCA | ||
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Date: January 27, 2010 | ||
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Dear GitHub Copyright Agent: | ||
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I, the undersigned, state UNDER PENALTY OF PERJURY that: | ||
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[1] I am, a person injured, or an agent authorized to act on behalf of a person injured by a violation of the U.S. Copyright laws, in particular section(s) 1201(a)(2) and/or 1201(b)(1) of Title 17 of the United States Code, commonly referred to as the Digital Millennium Copyright Act, or "DMCA"; | ||
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[2] I May Be Contacted At: | ||
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Name of Injured Party : SONY COMPUTER ENTERTAINMENT AMERICA LLC ("SCEA") | ||
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Name and Title: [private] | ||
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Company: KILPATRICK TOWNSEND AND STOCKTON LLP | ||
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Address: [private] | ||
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City, State, and Zip: PALO ALTO, CALIFORNIA 94301 | ||
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Email address [private] | ||
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Telephone: [private] | ||
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Fax: [private] | ||
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[3] I have a good faith belief that the file-downloads identified below (by URL) are unlawful under these laws because, among other things, the files circumvent effective access controls and/or copyright protection measures; | ||
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[4] Reason: | ||
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Content Type: "Custom Firmware" files | ||
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Violation(s): Trafficking a device that circumvents effective access controls, and/or | ||
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Trafficking a device that circumvents effective copyright protection measures | ||
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[5] Please act expeditiously to remove the file-downloads found at the following URLs: | ||
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<http://www.fileserve.com/file/cWAKEDR> | ||
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<https://github.com/kakaroto/ps3keys> | ||
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<https://github.com/kakaroto/ps3tools> | ||
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<https://github.com/kakaroto/ps3utils> | ||
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<https://github.com/kmeaw/lv2patcher> | ||
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<https://github.com/kmeaw/GaiaManager> | ||
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<https://github.com/grafchokolo/psgroove> | ||
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[6] I have a good faith belief that the circumvention of effective access controls and/or copyright protection measures identified above is not authorized by law; and | ||
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[7] The information in this notice is accurate. | ||
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Thank you for your kind assistance. | ||
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Truthfully, | ||
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[private] | ||
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Kilpatrick Townsend & Stockton LLP |
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Attn.: General Counsel<br> | ||
Rackspace US, Inc.<br> | ||
[private]<br> | ||
San Antonio, Texas 78218<br> | ||
Mail Stop: US 109-2301 | ||
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To General Counsel on behalf of Rackspace Inc., | ||
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Hello, | ||
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I am [private], legal manager at Strategy and Planning Team of | ||
Bluehole Studio Inc., copyright owner of an online game "TERA" being | ||
infringed at: | ||
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<https://github.com/ATracer/tera-api> | ||
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The aforementioned website is providing a private, illegal server, not | ||
authorized by Bluehole Studio Inc. | ||
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This letter is official notification under the provisions of Section | ||
512(c) of the Digital Millennium Copyright Act ("DMCA") to effect | ||
removal of the above-reported infringements. I request that you | ||
immediately issue a cancellation message as specified in RFC 1036 for | ||
the infringing postings and prevent the infringer, who is identified | ||
by its Web address, from posting the infringing contents to your | ||
servers in the future. Please be advised that law requires you, as a | ||
service provider, to "expeditiously remove or disable access to" the | ||
infringing contents upon receiving this notice. Noncompliance may | ||
result in a loss of immunity for liability under the DMCA. | ||
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I have a good faith belief that use of the material in the manner | ||
complained of here is not authorized by Bluehole Studio Inc., the | ||
copyright holder, or the law. The information provided here is | ||
accurate to the best of my knowledge. I swear under penalty of perjury | ||
that Bluehole Studio is the copyright holder. | ||
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For your reference, please refer to the following websites. | ||
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<http://www.tera-online.com> : Teaser website in English for North American | ||
prospective users | ||
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<http://www.bluehole.net/eng/index.html>: Our company website in English | ||
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<http://tera.hangame.com/> : TERA service website provided by our Korean | ||
official publisher in Korean | ||
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Please send me at the email address noted below a prompt response | ||
indicating the actions you have taken to resolve this matter. | ||
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Thank you. | ||
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Sincerely, | ||
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[private] | ||
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Legal Manager | ||
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Strategy and Planning Team | ||
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Bluehole Studio, Inc. | ||
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[private] | ||
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Yeoksam-dong, Kangnam-gu | ||
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Seoul, Korea | ||
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Email: [private] | ||
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Phone: [private] | ||
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Cell: [private] | ||
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Takedown Notice under DMCA | ||
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Date: January 31, 2010 | ||
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Dear GitHub Copyright Agent: | ||
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I, the undersigned, state UNDER PENALTY OF PERJURY that: | ||
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[1] I am, a person injured, or an agent authorized to act on behalf of a person injured by a violation of the U.S. Copyright laws, in particular section(s) 1201(a)(2) and/or 1201(b)(1) of Title 17 of the United States Code, commonly referred to as the Digital Millennium Copyright Act, or "DMCA"; | ||
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[2] I May Be Contacted At: | ||
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Name of Injured Party : SONY COMPUTER ENTERTAINMENT AMERICA LLC ("SCEA") | ||
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Name and Title: [private] | ||
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Company: KILPATRICK TOWNSEND AND STOCKTON LLP | ||
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Address: [private] | ||
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City, State, and Zip: PALO ALTO, CALIFORNIA 94301 | ||
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Email address [private] | ||
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Telephone: [private] | ||
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Fax: [private] | ||
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[3] I have a good faith belief that the file-downloads identified below (by URL) are unlawful under these laws because, among other things, the files circumvent effective access controls and/or copyright protection measures; | ||
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[4] Reason: | ||
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Content Type: "Custom Firmware" files | ||
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Violation(s): Trafficking a device that circumvents effective access controls, and/or | ||
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Trafficking a device that circumvents effective copyright protection measures | ||
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[5] Please act expeditiously to remove the file-downloads found at the following URLs: | ||
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<http://www.fileserve.com/file/cWAKEDR> | ||
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<https://github.com/xPreatorianx/ps3publictools> | ||
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[6] I have a good faith belief that the circumvention of effective access controls and/or copyright protection measures identified above is not authorized by law; and | ||
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[7] The information in this notice is accurate. | ||
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Thank you for your kind assistance. | ||
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Truthfully, | ||
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[private] | ||
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Kilpatrick Townsend & Stockton LLP |
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it is my good faith belief that none of the code at <https://github.com/hermesEOL/fail0verflow> (see reference below) infringes on Sony's copyrights, and that their takedown notice is in error. further, Sony is attempting to abuse the DMCA to avoid public embarrassment (too late) and put the genie back in the bottle (too late), and has failed to meet the minimum requirements for giving DMCA notice (no details provided on which source code lines infringe copyright). the exposure of sloppy crypto implementation on Sony's part in no way infringes on copyright or makes available any of their proprietary internal software; the repository in question contains exclusively original third-party code that does not directly facilitate infringement. I consent to jurisdiction as laid out at <http://help.github.com/dmca> as of this date. | ||
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please restore public access to the source repository in question. this shall serve as my electronic signature. | ||
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thanks, | ||
[private] | ||
Westlake Village, CA 91362 | ||
[private] |
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