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Nintendo of America Inc. (NOA) is providing this letter of notification
pursuant to the Digital Millennium Copyright Act and 17 USC §
512 (c) to make www.consoleclassix.com aware of material infringing
NOA's exclusive intellectual property rights posted on one of its
registered IP address. This notice is addressed to the agent designated
by Consoleclassix to receive notifications of claimed infringements,
as reflected in the current records of the U.S. Copyright Office.
NOA has a good faith belief that Consoleclassix found at 208.61.217.65
infringes Nintendo's intellectual property rights by renting illegal
copies of Nintendo's video games, protected by copyrights and trademarks,
referred to as ROMs. ROM ("Read Only Memory") is the type
of chip used in Nintendo's video game products that contain the game
software. More generally, however, ROM is used to refer to any game
data that was copied from an authentic video game cartridge. All Nintendo
games are cartridge based. All Nintendo ROMs published on the Internet
are necessarily unauthorized and illegal.
There is a good deal of misinformation on the Internet regarding
the backup/archival copy exception. It is not a "second copy"
rule and is often mistakenly cited for the proposition that if you
have one lawful copy of a copyrighted work, you are entitled to
have a second copy of the copyrighted work even if that second copy
is an infringing copy. The backup/archival copy exception is a very
narrow limitation relating to a copy being made by the rightful
owner of an authentic game to ensure he or she has one in the event
of damage or destruction of the authentic game, not for the purpose
of acquiring financial gain. Moreover, It is well established by
judicial decisions in the United States that this limited exception
does not apply to game data contained in ROM semiconductor chips
in video game cartridges. Therefore, whether you have already an
authentic game or not, or whether you have possession of a Nintendo
ROM for a limited amount of time, i.e. 24 hours, it is illegal to
download and play a Nintendo ROM from the Internet.
Pursuant to 17 U.S.C. § 512(d)(3), Nintendo notifies Consoleclassix
that its actions are illegal and may be subject to criminal prosecution
and civil liability. We will be monitoring your website to see if
you are in compliance with the law and reserve the right to take
all steps necessary to protect Nintendo's rights. The unauthorized
copies of such game products made available through such site are
listed and/or identified on such Internet sites by their titles,
variations thereof or depictions of associated artwork. Based on
the information at its disposal on June 21, 2001, NOA believes that
the statements in this notice are accurate and correctly describe
the infringing nature and status of the infringing material. Should
you have any questions, please contact Nintendo of America Inc.
at the following address, telephone and fax numbers, and/or e-mail
address:
Nintendo of America Inc.
Attn: Anti-Piracy Group 4820
150th Ave. NE Redmond, WA 98052
Telephone: 425-861-2187
Fax: 425-882-3585
E-mail: Noalegal@noa.nintendo.com
Regards, Anti-Piracy Group Nintendo of America Inc NoaLegal@noa.nintendo.com
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