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). --- Note: Because the reported network that contained the allegedly infringing content was larger than one hundred (100) repositories, and the submitter alleged that all or most of the forks were infringing to the same extent as the parent repository, GitHub processed the takedown notice against the entire network of 144 repositories, inclusive of the parent repository. --- **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?** No **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.** Authorized Agent of owner **Please provide a detailed description of the original copyrighted work that has allegedly been infringed.** The Nintendo Switch console and video games contain technological protection measures (“TPMs”) that permit the Nintendo Switch console to interact only with legitimate Nintendo video game files. This process protects Nintendo’s copyright-protected video games, including but not limited to those covered by U.S. Copyright Registration numbers PA0002051900 (Mario Kart 8 Deluxe); PA0002233840 (Animal Crossing: New Horizons); PA0002151614 (Super Smash Bros. Ultimate); and PA0002028142 (The Legend of Zelda: Breath of the Wild) by preventing users from playing pirated copies of Nintendo’s video games on the Nintendo Switch console and by preventing users from unlawfully copying and playing Nintendo’s video games on unauthorized devices. **If the original work referenced above is available online, please provide a URL.** **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:** The entire repository is infringing **Identify the full repository URL that is infringing:** https://github.com/Ansem-SoD/Picofly **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?** Nintendo embeds TPMs in both the Nintendo Switch console and video game files. Nintendo's TPMs include, but are not limited to, Nintendo Switch consoles' boot sequences and various cryptographic signatures. These TPMs, among other things, verify that only authorized software is running and prevent users from unlawfully accessing and copying Nintendo Switch games and/or playing pirated software on the console. Specifically, Nintendo Switch consoles cannot be accessed or used until the boot sequence is verified and decrypted using Nintendo’s cryptographic keys. No authorized Nintendo Switch consoles are distributed without the boot sequence. In their ordinary course of operation, the TPMs require the application of information and a process (as described above), with the authority of Nintendo, to gain access to Nintendo’s copyrighted works, and thus effectively control access to and copying of Nintendo’s copyrighted works. **How is the accused project designed to circumvent your technological protection measures?** The reported repositories offer, link to, or otherwise provide access to mod chip firmware including but not limited to SX Core, SX Lite, Picofly, or HWFLY. The firmware allows Nintendo Switch modchips to illegally circumvent Nintendo’s TPMs in order to run illegal copies of Nintendo Switch games. Specifically, during operation, the mod chip firmware at the reported repositories circumvents the technological protection measures put in place on the Nintendo Switch console by bypassing the boot sequence. Thus, they are primarily designed to and unlawfully “circumvent a technological measure that effectively controls access to a work protected under” the DMCA, and distribution of these mod chip firmware constitutes unlawful trafficking in technology that is “primarily designed or produced for the purpose of circumventing a technological measure that effectively controls access” to copyrighted works. 17 U.S.C. § 1201(a)(1) and (2). See United States v. [private]., No. 2:20-cr-00127-RSL. **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:** **Based on the representative number of forks I have reviewed, I believe that all or most of the forks are infringing to the same extent as the parent repository.** **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.** Nintendo of America Inc. [private] **Please type your full name for your signature.** [private]