A ZIP of Super Mario Fusion: Revival 0.4 that I had uploaded to MediaFire was taken down by someone posing as a Nintendo employee.
Dear MediaFire User:
MediaFire has received notification under the provisions of the Digital Millennium Copyright Act ("DMCA") that your usage of a file is allegedly infringing on the file creator's copyright protection.
The file named SMFR 0.4 Beta.zip is identified by the key (4d7epfchc2fpoge).
As a result of this notice, pursuant to Section 512(c)(1)(C) of the DMCA, we have suspended access to the file.
The reason for suspension was:
Copyright Infringement property of Nintendo.
Information about the party that filed the report:
Company Name: Nintendo of America Inc.
Contact Address: 4600 150th Avenue N.E., Redmond, WA 98052
Contact Name: Jason Allen
Contact Email: firstname.lastname@example.org
Copyright infringement violates MediaFire's Terms of Service. MediaFire accounts that experience multiple incidents of alleged copyright infringement without viable counterclaims may be terminated.
If you feel this suspension was in error, please submit a counterclaim by following the process below.
Step 1. Click on the following link to open the counterclaim webpage.http://www.mediafire.com/myaccount/suspension_claim.php
Step 2. Use this PIN on the counterclaim webpage to begin the process:
Step 3. Fill in the fields on the counterclaim form with as much detail as possible.
This is a post-only mailing. Replies to this message are not monitored or answered.
Although Mario fangames technically do use Nintendo's property without permission, Nintendo is usually very permissive of fan games. Also, this DMCA claim lacks several necessities for it to be valid. It doesn't mention the intellectual property that was infringed, nor what material infringed on that property. Seriously, the claim is only five words long. It also lacks a statement of good faith and a statement that the claim is accurate and made by an authorized person under pain of perjury.
The e-mail is bogus. The url "nintento.com" redirects to one of those dumb web pages with nothing but text ads. There was a Jason Allen that worked at Nintendo of America, but he worked from 2007 to 2008 as a Wii Specialist (who I doubt has authorization to send DMCA claims).
In case anyone else's fan game is targeted by this copyright troll, I've made a pastebin
of my counter-claim. You might not be able to argue that you aren't using Nintendo's content without permission, but you can still dispute the claim on the grounds that it is absolutely pathetic. You may also want to look at the DMCA Section 512
yourself, if you aren't afraid of legalese.
EDIT: This guy also tried to take down Dolphin, the Gamecube/Wii emulator. Source