LAW OFFICES OF GREGG SULTAN   
1203 S. Crescent Heights Boulevard   
                                                                                                                           Los Angeles, California 90035   
   
[private]  

   February 12, 2020   
    
   
BY EMAIL   
   
copyright@github.com   
   
developer@githubsupport.com   
   
    
   
GitHub, Inc.   
   
Attn: DMCA Agent   
   
88 Colin P Kelly Jr St   
   
San Francisco, CA. 94107        
   
Re:      Sky Castle Studios, LLC – Copyright Infringement on GitHub   
   
Dear [private] or To Whom It May Concern:   
   
Thank you for your reply to my response of January 13, 2020 in connection with my client’s takedown notice of December 16, 2019, in the above-referenced matter.      
   
You indicated yet again that you did not see any evidence that the following repositories were specifically configured to infringe on my client's works and that instead they appear to be a tool “to Save Configuration and STLs from websites using the THREE.JS framework for academic and educational purposes.”    
   
https://github.com/TeaWithLucas/Herosaver   
   
[private]  
   
https://github.com/manuelsoldini/stlsaver   
   
https://github.com/AlexPicaso/Herosaver   
   
https://github.com/Amylittlehands/Herosaver   
   
https://github.com/AugustBebel/Herosaver   
   
https://github.com/Bjoern-B/Herosaver   
   
https://github.com/Daniel-Khodabakhsh/Herosaver   
   
https://github.com/dcatanzaro/Herosaver-1   
   
https://github.com/Flon22/Herosaver-1   
   
https://github.com/ghese/Herosaver   
   
https://github.com/HabbyJabby/Herosaver   
   
https://github.com/HarudoSan/Herosaver   
   
https://github.com/JosefKuchar/Herosaver   
   
https://github.com/lillypath869/Herosaver   
   
https://github.com/okkeh96/Herosaver-1   
   
https://github.com/lmladeira/Herosaver   
   
https://github.com/matheussll/Herosaver   
   
https://github.com/MrDannyPicard/Herosaver   
   
https://github.com/natmanz/Herosaver   
   
https://github.com/nrdobie/Herosaver   
   
https://github.com/remailednet/Herosaver   
   
https://github.com/RuiMacedo/Herosaver   
   
https://github.com/Smart-Helper/Herosaver   
   
https://github.com/Sorrowspt/Herosaver   
   
https://github.com/Vincent-Leblanc/Herosaver-1   
   
https://github.com/XOXOGRANDMA/Herosaver   
   
https://github.com/AlexPicaso/HeroSaver-v2   
   
We feel that your position and statement is incorrect.  Herosaver is littered with references to heroforge.com proprietary data structures that do not exist in THREE.js. For example in file https://github.com/TeaWithLucas/Herosaver/blob/master/src/saver.js :   
   
line 12:  var mirroredPose = CK.character.data.mirroredPose;    
   
   
"CK.character.data.mirroredPose" is a clear reference to heroforge.com data structures. They are not present in THREE.js.   
   
line 63:  var getName = CK.character.data.meta.character_name;     
   
   
"CK.character.data.meta.character_name" is another heroforge.com specific data structure not present in THREE.js.   
   
line 129:       var class_char_menu = 'headerMenu-container';   
   
  Matches heroforge.com's html class naming. Not present in THREE.js.   
   
This evidence clearly shows that these repositories are specifically configured to infringe on my client’s works.  If GitHub believes and has evidence that herosaver works with any website other than heroforge.com, can you please provide a link to such a site.   
   
In addition, as you mentioned would be an alternative basis to take down these repositories, we do indeed believe that they violate the DMCA's anticircumvention provisions.  With respect to technological measures and protections that my client has taken to control access to its copyrighted material, in October 2019, the client made changes to heroforge.com which stopped herosaver from working on the client’s site and servers. Herosaver then made corresponding changes shortly thereafter specifically to re-enable infringement and circumvent these protections:   
   
“Commit: 81b6c04aebaccb235c4db79f294be0e075894eb0 - lillypath869 authored and TeaWithLucas committed on 17 Oct 2019   
   
Comment: Updates due to changes on site   
   
Github: https://github.com/lillypath869/Herosaver/commit/81b6c04aebaccb235c4db79f294be0e075894eb0”   
   
We very much doubt the changes made would be relevant to any other site using THREE.js.  This is extremely strong evidence that the repositories and relevant projects are specifically designed and intended to circumvent these technological protection measures.    
   
  Accordingly, we request that GitHub again reconsider this decision and take down these repositories.       
   
I have read and understand GitHub's Guide to Filing a DMCA Notice.  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.  Thank you for your prompt attention to this matter.  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.    
   
We look forward to GitHub’s further response concerning this letter.  This letter may not be exhaustive of all my client's rights, positions and remedies in this matter which are expressly reserved.   
   
Sincerely,   
   
[private]
