diff --git a/2026/09/2026-09-09-daybreak.md b/2026/09/2026-09-09-daybreak.md new file mode 100644 index 0000000000..388f8bbdaa --- /dev/null +++ b/2026/09/2026-09-09-daybreak.md @@ -0,0 +1,125 @@ +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). + +--- + +While GitHub did not find sufficient information to determine a valid anti-circumvention claim, we determined that this takedown notice contains other valid copyright claim(s). + +--- + +**Are you the copyright holder or authorized to act on the copyright owner's behalf? If you are submitting this notice on behalf of a company, please be sure to use an email address on the company's domain. If you use a personal email address for a notice submitted on behalf of a company, we may not be able to process it.** + +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?** + +Yes + +**Please provide the Zendesk ticket number of your previously submitted notice. Zendesk ticket numbers are 7 digit ID numbers located in the subject line or body of your confirmation email.** + +4695634 + +**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.** + +1. This firm represents Daybreak Game Company LLC (“Daybreak”) in connection with intellectual property matters. + +2. I have read and understand GitHub’s Guide to Filing a DMCA Notice. + +3. Please immediately takedown from GitHub the copyrighted EverQuest software files identified below, which your GitHub website is making available for download without authorization from Daybreak. + +**Please provide a detailed description of the original copyrighted work that has allegedly been infringed.** + +4. The infringing files include unauthorized copies of the EverQuest Rain of Fear 2 client software (including but not limited to the eqgame.exe executable, S3D files, DLL files, and other associated game files) or EverQuest zone asset files (S3D files containing maps, textures, and environmental data). The specific URL of the infringing content is as follows: +- https://github.com/Aishrod/eqemupatcher/tree/master/rof + +5. Daybreak Game Company LLC is a [private] limited liability company with its principal place of business in [private]. Daybreak is the owner of all intellectual property rights in and to the EverQuest franchise, including the copyrights in the EverQuest game’s code, artwork, characters, storylines, and all other creative elements, including the Rain of Fear expansion client software and zone assets at issue here. + +6. Daybreak owns the following valid and subsisting U.S. copyright registrations for the EverQuest franchise, including but not limited to: + +• EverQuest (Reg. No. PA0000933147); +• EverQuest: Rain of Fear (Client-Side Code 2012) (Reg. No. PA0002533846); +• EverQuest: Rain of Fear (Client-Side Code 2013) (Reg. No. VAU000529434); and +• EverQuest: Rain of Fear — Server-Side Code (Reg. No. PA0002533847). + +Copies of the registration certificates evidencing Daybreak’s ownership of the above-referenced copyright registrations are available upon request. + +7. Daybreak also owns valid and subsisting U.S. trademark registrations for the EVERQUEST mark, including Registration No. 2507594 and Registration No. 2520693. + +8. The EverQuest client software and zone asset files identified above are original works of authorship that are protected under United States copyright law and applicable international copyright treaties. The EverQuest software contains wholly original material that constitutes copyrightable subject matter under the laws of the United States, and Daybreak has complied with all statutory formalities and requirements to register and maintain its copyrights in the EverQuest client software and zone asset files. + +9. Daybreak has not granted permission for the EverQuest client software or zone assets to be reproduced, distributed, or made publicly available on the above-referenced website(s). The unauthorized distribution and public availability of these copyrighted materials constitutes ongoing infringement of Daybreak’s exclusive rights under 17 U.S.C. § 106. + +10. Daybreak’s End User License Agreement (“EULA”) explicitly provides that Daybreak and its suppliers “shall retain all rights, title and interest, including, without limitation, ownership of all intellectual property rights relating to or residing in the Disc, the Software and the Game, all copies thereof, and all game character data in connection therewith.” The EULA further specifies that users “have not and will not acquire or obtain any intellectual property or other rights, including any right of exploitation, of any kind in or to the Disc, the Software or the Game.” The EULA expressly prohibits users from copying (except to make one necessary backup copy), distributing, selling, modifying, or creating derivative works of the Software, and further prohibits users from creating “any means through which the Game may be played by others, such as through server emulators.” + +11. On behalf of Daybreak Game Company LLC, pursuant to the DMCA, 17 U.S.C. § 512, I hereby request that you: + +i. Immediately remove or disable access to all files identified above and any other Daybreak copyrighted materials hosted on your platform; +ii. Provide the undersigned with the identity and account information of the user(s) responsible for uploading the infringing materials; and +iii. Take appropriate steps to prevent the re-uploading of the infringing materials. + +13. 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. + +14. 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. + +15. Please direct all correspondence regarding this matter to the undersigned. + +**If the original work referenced above is available online, please provide a URL.** + +This is software code and no third party has authorization to post or otherwise distribute it so there is no authorized place where you can view the code on the Internet. However, the code is registered with the U.S. Copyright Office and we have provided the copyright registration numbers and our client is the owner of these copyright registrations. + +**We ask that a DMCA takedown notice list every specific file in the repository that is infringing, unless the entire contents of the repository are infringing on your copyright. Please clearly state that the entire repository is infringing, OR provide the specific files within the repository you would like removed.** + +**Based on the above, I confirm that:** + +Specific files within the repository are infringing + +**Identify only the specific file URLs within the repository that is infringing:** + +https://github.com/Aishrod/eqemupatcher/tree/master/rof + +**Do you claim to have any technological measures in place to control access to your copyrighted content? Please see our Complaints about Anti-Circumvention Technology if you are unsure.** + +Yes + +**What technological measures do you have in place and how do they effectively control access to your copyrighted material?** + +Daybreak controls access to EverQuest through server-side authentication and account verification systems that require users to connect to authorized Daybreak servers. + +**How is the accused project designed to circumvent your technological protection measures?** + +The reported GitHub content bypasses these access controls by modifying the EverQuest client to connect to unauthorized servers, thereby circumventing Daybreak's technological protection measures and enabling unauthorized access to copyrighted game content. + +**If you are reporting an allegedly infringing fork, please note that each fork is a distinct repository and must be identified separately. Please read more about forks. As forks may often contain different material than in the parent repository, if you believe any of the repositories or files in the forks are infringing, please list each fork URL below:** + +**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.** + +**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 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 Guide to Submitting a DMCA Takedown Notice.** + +**So that we can get back to you, please provide either your telephone number or physical address.** + +[private] + +**Please type your full name for your signature.** + +[private]