**Are you the copyright owner or authorized to act on the copyright owner's behalf?**  
Yes, we are authorized to act on Nintendo of America Inc.'s behalf.

**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.**  
What has been infringed in question are Nintendo of America Inc.'s private code for the product(s) known as Flipnote Studio 3D and Miiverse.

**What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository's URL:**   https://github.com/Flipnote-Collective/flipnote-studio-3d-docs.   
https://github.com/Flipnote-Collective/flipnote-studio-docs.   
https://github.com/Flipnote-Collective/kwz-parser.   
These three entire repositories relate to the unauthorized recreation of Nintendo's Flipnote Gallery: World and Nintendo's Flipnote Hatena.  

**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.**  
Yes, we found and would like all the following forks taken down for the same infringing copyright:

https://github.com/thejsa/kwz-parser  
https://github.com/yazici/kwz-parser  

**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?**  
We believe that the Flipnote Collective are in violation of the Flipnote Gallery: World EULA and the Flipnote Hatena EULA. We also believe that the Flipnote Collective is in violation of Section 103(f) of the Digital Millennium Copyright Act (DMCA) which specifically states "it is legal to reverse engineer and circumvent the protection to achieve interoperability between computer programs (such as information transfer between applications)." The Flipnote Collective did not follow this section and also violated 2 EULA's so therefore the reverse engineering is illegal. Interoperability is defined in paragraph 4 of Section 103(f). It is also often lawful to reverse-engineer an artifact or process as long as it is obtained legitimately however the Flipnote Collective did not get their files legitimately or with permission of Nintendo of America Inc.

**What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?**  
Please immediately remove the repository.

**Do you have the alleged infringer's contact information? If so, please provide it:**  
No.

**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."**  
I have a good-faith belief that use of the copyrighted materials described above on the infringing webpage is not authorized by the copyright owner, or its agent, or the law. I have taken fair use into consideration.

**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."**  
I swear, under penalty of perjury, that the information in this notification is accurate and that I am authorized to act on behalf of a copyright owner of an exclusive right that is allegedly infringed.

**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/**  
I have read and understand GitHub's Guide to Filing a DMCA Notice.

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

Address: 4600 150th Ave NE, Redmond, WA 98052    
Phone: [private]  
Corporate Email: [private]  

**Please type your full legal name below to sign this request:**  
[private]

