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dmca-sync-bot committed Jun 18, 2024
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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](https://docs.github.com/en/github/site-policy/dmca-takedown-policy#a-how-does-this-actually-work).
- provided information on how to [submit a DMCA Counter Notice](https://docs.github.com/en/articles/guide-to-submitting-a-dmca-counter-notice).

To learn about when and why GitHub may process some notices this way, please visit our [README](https://github.com/github/dmca/blob/master/README.md#anatomy-of-a-takedown-notice).

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Note: Because the parent repository was actively being forked when this DMCA takedown notice was received, and the submitter had identified all known forks at the time they submitted the takedown notice, GitHub processed the takedown notice against the entire network of 291 repositories, inclusive of the parent repository.

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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.**

[private] for copyright owner, Nintendo of America Inc.

**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.**

The copyrighted works are Nintendo’s Rhythm Heaven video games, including the characters, images, music, and sounds covered by at least the following U.S. Copyright Registration Nos: PA0001791194 (Rhythm Heaven) and PA0001791783 supp. by PA0001397418 (Rhythm Heaven Fever).

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

https://github.com/RHeavenStudio/HeavenStudio/tree/master/Assets/Resources/Sprites
https://github.com/RHeavenStudio/HeavenStudio/tree/master/Assets/Resources/Sfx

**Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice#complaints-about-anti-circumvention-technology">Complaints about Anti-Circumvention Technology</a> if you are unsure.**

No

**<a href="https://docs.github.com/articles/dmca-takedown-policy#b-what-about-forks-or-whats-a-fork">Have you searched for any forks</a> 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.**

Yes, forks for this repository can be found here: https://github.com/RHeavenStudio/HeavenStudio/network/members. There are over 250 forks listed. Based on the representative number of forks we have reviewed, we believe that all or most of the forks are infringing to the same extent as the parent repository (https://github.com/RHeavenStudio/HeavenStudio) and/or the repository reported in our previous DMCA notices with case numbers 2615063 and 2615065 ([invalid]), which GitHub disabled pursuant to our notices.

**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.**

No, we do not have contact information.

**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 <a href="https://www.lumendatabase.org/topics/22">fair use</a> 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 <a href="https://docs.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/">Guide to Submitting a DMCA Takedown Notice</a>.**

**So that we can get back to you, please provide either your telephone number or physical address.**

[private]
[private]

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

[private]

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