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Takedown notice for 'Super Mario 64 - Reimagined by NimsoNy'

Published Apr 19, 2019

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:

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

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