itch.io

Subject: DMCA Notice – https://nimsony.itch.io/

Dear all:

We represent Nintendo of America Inc. ("Nintendo") in intellectual
property matters. Nintendo recently became aware that certain material posted on
https://nimsony.itch.io/ infringes copyrights owned by Nintendo. This notice is
provided pursuant to the Digital Millennium Copyright Act, 17 USC § 512, and the itch.io
Terms of Service.
Nintendo requests that itch.io remove or disable access to the following
pages:

• https://nimsony.itch.io/super-mario-64-reimagined
• https://nimsony.itch.io/odyssey-experience-64-a-super-mario-64-mod
• https://nimsony.itch.io/smb-vr

These pages provide access to files containing derivative electronic games
that incorporate imagery, characters, and other elements from Nintendo’s copyright protected Super Mario Bros. video game franchise. The pages also display Nintendo’s
copyright-protected characters and imagery in connection with the provision of these
files, all without authorization and in violation of Nintendo's rights.
The copyright-protected material is covered by at least the following: U.S.
Copyright Reg. Nos. VA0001419266 (Mario character); PA0001964594 (Super Mario
Maker); PA0000273028, supp. by PA0000547457 (Super Mario Bros.);
PA0000427614, supp. by PA0000547456 (Super Mario Bros. 2); PA0000563454
(Super Mario Bros. 3); PA0000788138 (Super Mario 64); PA0001679479 (Super Mario Galaxy); PA0001393465 (New Super Mario Bros.); and PA0002062889 (Super Mario
Odyssey).
I have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law. I hereby state that the information herein is
accurate and, under penalty of perjury, that I am authorized to act on Nintendo of
America Inc.'s behalf.
This letter is not intended to and shall not waive or prejudice any rights
and remedies that Nintendo may have at law, in equity or otherwise. Any and all such
rights and remedies are hereby expressly reserved. Please contact me immediately with
any questions.

Best regards,
REDACTED