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| 1 | +**Are you the copyright owner or authorized to act on the copyright owner's behalf?** |
| 2 | +Yes, we are authorized to act on Nintendo of America Inc.'s behalf. |
| 3 | + |
| 4 | +**What work was allegedly infringed? If possible, please provide a URL:** |
| 5 | +The freeShop application provided at https://github.com/Cruel/freeShop/releases infringes Nintendo's copyrights, because the application circumvents Nintendo's technological protection measures in violation of the Digital Millennium Copyright Act. Nintendo encrypts the game files available from its eShop servers to prevent users from accessing those files without paying for them. Nintendo believes the freeShop application circumvents Nintendo's protection measures by decrypting the game files accessible from its eShop servers, allowing freeShop users to access and play Nintendo's eShop games for free. |
| 6 | + |
| 7 | +The freeShop application also contains unauthorized copies of the Nintendo 3DS Logo Data file, covered by U.S. Copyright Reg. No. PA0001781880, which further infringes Nintendo's rights. |
| 8 | + |
| 9 | +In addition, the files located at the links below violate the GitHub Terms of Service by facilitating the theft of Nintendo's games from its eShop servers, and the use of these files with a Nintendo 3DS device violates the user's obligations under Nintendo's end-user license agreement. |
| 10 | + |
| 11 | +**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:** |
| 12 | +https://github.com/Cruel/freeShop/releases |
| 13 | + |
| 14 | +**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.** |
| 15 | +Yes, we have identified 48 forks of the infringing repository as follows: |
| 16 | + |
| 17 | +https://github.com/AdryGL/freeShop/releases |
| 18 | +https://github.com/AerialAtom/freeShop/releases |
| 19 | +https://github.com/afdc98/freeShop/releases |
| 20 | +https://github.com/Aisasemi/freeShop/releases |
| 21 | +https://github.com/Anggeloko/freeShop/releases |
| 22 | +https://github.com/arition/freeShop/releases |
| 23 | +https://github.com/brigcaster/freeShop/releases |
| 24 | +https://github.com/BtheDestroyer/freeShop/releases |
| 25 | +https://github.com/CapraTheBest/freeShop/releases |
| 26 | +https://github.com/colt05/freeShop/releases |
| 27 | +https://github.com/colt05-usr-alt/freeShop/releases |
| 28 | +https://github.com/leo60228/freeShop/releases |
| 29 | +https://github.com/Damin72/freeShop/releases |
| 30 | +https://github.com/Darkitz/freeShop/releases |
| 31 | +https://github.com/DAVIDRO999000999/freeShop/releases |
| 32 | +https://github.com/dchwilk/freeShop/releases |
| 33 | +https://github.com/gnmmarechal/freeShop/releases |
| 34 | +https://github.com/guisadop/freeShop/releases |
| 35 | +https://github.com/joanfercal/freeShop/releases |
| 36 | +https://github.com/Kanyka/freeShop/releases |
| 37 | +https://github.com/lclrc/freeShop/releases |
| 38 | +https://github.com/LITTOMA/freeShop/releases |
| 39 | +https://github.com/Matsumot0/freeShop/releases |
| 40 | +https://github.com/MattPiscopo/freeShop/releases |
| 41 | +https://github.com/mcloverkorea/freeShop/releases |
| 42 | +https://github.com/Merlyx/freeShop/releases |
| 43 | +https://github.com/moutonnoireu/freeShop/releases |
| 44 | +https://github.com/Noroxuz/freeShop/releases |
| 45 | +https://github.com/pdapanda/freeShop/releases |
| 46 | +https://github.com/Pixilate/freeShop/releases |
| 47 | +https://github.com/QuiZr/freeShop/releases |
| 48 | +https://github.com/Radeox/freeShop/releases |
| 49 | +https://github.com/ranpe/freeShop/releases |
| 50 | +https://github.com/rawrimlion/freeShop/releases |
| 51 | +https://github.com/Razorzeto/freeShop/releases |
| 52 | +https://github.com/rboninsegna/freeShop/releases |
| 53 | +https://github.com/Reivaxl1/freeShop/releases |
| 54 | +https://github.com/RodryFull001/freeShop/releases |
| 55 | +https://github.com/sinoah/freeShop/releases |
| 56 | +https://github.com/StijnvandeWater/freeShop/releases |
| 57 | +https://github.com/SylphiaWindy/freeShop/releases |
| 58 | +https://github.com/tchkll/freeShop/releases |
| 59 | +https://github.com/thejsa/freeShop/releases |
| 60 | +https://github.com/Totellini/freeShop/releases |
| 61 | +https://github.com/Traiver/freeShop/releases |
| 62 | +https://github.com/Venseer/freeShop/releases |
| 63 | +https://github.com/victorheld/freeShop/releases |
| 64 | +https://github.com/Wingv528/freeShop/releases |
| 65 | + |
| 66 | +**Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?** |
| 67 | +Nintendo's copyrighted work is not licensed under an open source license. |
| 68 | + |
| 69 | +**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?** |
| 70 | +Please immediately remove the files. |
| 71 | + |
| 72 | +**Do you have the alleged infringer's contact information? If so, please provide it:** |
| 73 | +No. |
| 74 | + |
| 75 | +**Type (or copy and paste) the following statement: "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."** |
| 76 | +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. |
| 77 | + |
| 78 | +**Type (or copy and paste) the following statement: "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."** |
| 79 | +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. |
| 80 | + |
| 81 | +**Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/** |
| 82 | +I have read and understand GitHub's Guide to Filing a DMCA Notice. |
| 83 | + |
| 84 | +**So that we can get back to you, please provide either your telephone number or physical address:** |
| 85 | +[private] |
| 86 | + |
| 87 | +**Please type your full legal name below to sign this request:** |
| 88 | +[private] |
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