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Added TERA notice

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+Attn.: General Counsel<br>
+Rackspace US, Inc.<br>
+[private]<br>
+San Antonio, Texas 78218<br>
+Mail Stop: US 109-2301
+
+To General Counsel on behalf of Rackspace Inc.,
+
+Hello,
+
+I am [private], legal manager at Strategy and Planning Team of
+Bluehole Studio Inc., copyright owner of an online game "TERA" being
+infringed at:
+
+<https://github.com/ATracer/tera-api>
+
+The aforementioned website is providing a private, illegal server, not
+authorized by Bluehole Studio Inc.
+
+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
@kivikakk
GitHub member
kivikakk added a line comment Jan 29, 2011

It needs to be asked. Was a cancellation notice as per RFC 1036 issued?

@JJBreaker
JJBreaker added a line comment Jan 29, 2011

AGG! Damn!

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+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.
+
+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.
+
+For your reference, please refer to the following websites.
+
+<http://www.tera-online.com> : Teaser website in English for North American
+prospective users
+
+<http://www.bluehole.net/eng/index.html>: Our company website in English
+
+<http://tera.hangame.com/> : TERA service website provided by our Korean
+official publisher in Korean
+
+Please send me at the email address noted below a prompt response
+indicating the actions you have taken to resolve this matter.
+
+Thank you.
+
+Sincerely,
+
+[private]
+
+Legal Manager
+
+Strategy and Planning Team
+
+Bluehole Studio, Inc.
+
+[private]
+
+Yeoksam-dong, Kangnam-gu
+
+Seoul, Korea
+
+Email: [private]
+
+Phone: [private]
+
+Cell: [private]
+

11 comments on commit e7821a3

@flarn2006

Wait, how is that infringing their copyright? Tera is an MMO, right? Typically in those cases the server software isn't published. This means the unofficial server that was taken down was most likely created through clean-room reverse engineering, meaning it's all original code to which the publishers of Tera hold no rights. If I owned that repository I would have sent a counter-notice.

@pierreozoux

And actually, it looks like it is GPL...

@pierreozoux

The point in the terms of service that states: Your account can be suspended and your data deleted any time for any reason in TOSDR should be really taken seriously...

@md-5

@flarn2006 who cares? GitHub / the DMCA loves to take down stuff without any prior investigation into whether it is applicable or not.

Sending a counter notice is extremely difficult if you are not currently based in the US as it requires consenting to US federal jurisdiction. I dunno about you, but exposing myself to the laws of a country 15,000km away isn't top of my priorities.

Source: Am in similar situation

@jomo

@md-5 actually they changed their DMCA policy a few days ago

@md-5

Doesn't really help. The noticer just needs to reply with "yes it's still infringing".

@flarn2006

@pierreozoux Are you implying the Github admins took it down because they were worried their own accounts would be banned if they didn't? :p

@jomo

DMCA loves to take down stuff without any prior investigation

'murica!

You can't really blame GitHub though. They're far more open about this than others are and since they're a USA-based company, they pretty much need to follow the US law. @tekkub commented here already:

Simply put, we have to comply with these.
[...]
our processing of a takedown or a counter-notice doesn't mean in any way that we support any party's side in these fights.

@pierreozoux

Yes, this is sad... In some cases, this is somehow justificated, but some others, it's crazy.. Like this one: https://github.com/github/dmca/blob/master/2014-09-19-minque-R.md The code is available on CRAN... http://cran.r-project.org/src/contrib/Archive/minque/

I don't understand, but really interested to learn, that's why I follow this repo :)

@bobthecow

@md-5 Nope. The counter-notice is your "come at me, bro" response. The next step after counter-notice is to actually sue the alleged infringer. Just claiming that "it's still infringing" isn't enough. If a lawsuit isn't filed, the alleged infringing content is restored (after 10-14 days).

@md-5

@bobthecow read my comment about a counter notice being a bit** for non Americans.

Source: Spent $$$$$ on lawyers discussing this issue

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