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).
Note: Because the reported network that contained the allegedly infringing content was larger than one hundred (100) repositories, and the submitter alleged that all or most of the forks were infringing to the same extent as the parent repository, GitHub processed the takedown notice against the entire network of 454 repositories, inclusive of the parent repository.
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.
Notice of Copyright Infringement
Dear github.com:
I, [private] of Anti-Piracy Protection am contacting you on behalf of GSC GAME WORLD GLOBAL LTD. Under penalty of perjury, I certify that I am authorized to act on behalf of GSC GAME WORLD GLOBAL LTD, the owner of exclusive right(s) in the computer game S.T.A.L.K.E.R.
A search has detected that your website, github.com, is providing access to files that infringe GSC GAME WORLD GLOBAL LTD's exclusive rights in the computer game S.T.A.L.K.E.R. I have a good faith belief that the GSC GAME WORLD GLOBAL LTD content that is described above has not been authorized for use, posting, sharing or distribution, on github.com by GSC GAME WORLD GLOBAL LTD, its agent or the law. Therefore, I request that you act expeditiously to remove or disable access to the infringing content identified in this notice, and cease and desist from any further infringement of GSC GAME WORLD GLOBAL LTD properties.
I assert that the information in this notice is accurate to the best of my knowledge, information and belief.
Infringed GSC GAME WORLD GLOBAL LTD property:
S.T.A.L.K.E.R. series
URL/location of infringing content to be disabled or removed:
https://github.com/OpenXRay/xray-16
Authorization Letter: [private]
In complying with this notice, github.com should not destroy any evidence which may be relevant in a lawsuit, relating to the infringement alleged, including all associated electronic documents and data relating to the presence of the infringing items on your network, which shall be preserved while disabling public access, irrespective of any document retention or corporate policy to the contrary.
Please note that this letter is not intended as a full statement of the facts, and does not constitute a waiver of any rights to recover damages incurred by virtue of any unauthorized or infringing activities, occurring on your network. All such rights, as well as claims for other relief, are expressly reserved.
If you need to contact me, I can be reached at the above address.
Based on the representative number of forks I have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository.
With Kind Regards,
[private],
Anti-Piracy Protection
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.
S.T.A.L.K.E.R. series
https://www.stalker-game.com/
What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.
https://github.com/OpenXRay/xray-16
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?
The material has been unlawfully obtained by reverse-enginnering of the finished game, which breaches the Terms and Conditions for public usage. Multiple measures are in place to prevent unauthorised access to the original assets, including compressing, encryption, storing in containers. Unfortunately these have been breached, extracted and are being used against the will of the rightful owner.
How is the accused project designed to circumvent your technological protection measures?
It is not per se, but, it uses non-public assets such as source code, graphics, audio and other property which has not been intended to be re-used by anyone without strict written authorisation from the owner.
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.
Based on the representative number of forks I have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository.
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.
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.
GSC GAME WORLD GLOBAL LTD, [private]
[private]
Please type your full legal name below to sign this request.
[private]