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  1. Dear Nintendo of America Legal,
  2.  
  3. I am writing this email to report the ongoing illegal usage of Nintendo's trademarks, copyrighted material, and theft of its intellectual property on an online game.
  4. The game ("PokéRogue") is hosted at https://pokerogue.net/, and is a free-to-play browser-based Pokémon "gacha" with lootbox mechanics.
  5. The game's copyright violations include the following:
  6. - The implementation of all 1,025 Pokémon species, with sprites and animations up to #649 (Genesect) being ripped directly from Pokémon Black 2 & White 2,
  7. - A battling system which is fundamentally identical to the core Pokémon franchise's,
  8. - The illegal usage of music and SFX from Pokémon Black & White, Pokémon Black 2 & White 2, and Pokémon Mystery Dungeon: Explorers of Sky's original soundtrack,
  9. - Numerous sprites and animations for items and trainers being ripped directly from Pokémon Black 2 & White 2
  10. "PokéRogue" claims to have 22,247 concurrent players at the time of writing (see attached), as well as 27,128 members of their official Discord. This poses a significant monetary risk to Nintendo/Creatures Inc./GAME FREAK inc., who would be forced to compete in the marketplace with an illegally-hosted F2P alternative to their own products.
  11.  
  12. "PokéRogue" is open-source, but runs on closed-source proprietary server software that the game phones home to, and cannot be played without. The website and servers are hosted in the United States by CloudFlare Inc., out of their headquarters at 101 Townsend St, San Francisco, CA 94107. (Copyright infringements, DMCA violations, and trademark infringement can be reported to CloudFlare, Inc. at the following web address: https://www.cloudflare.com/trust-hub/reporting-abuse/.) The following IPs are known to be associated with https://pokerogue.net/ (via DNS lookup, see attached):
  13. - 104.21.29.96 (IPv4)
  14. - 172.67.148.187 (IPv4)
  15. - 2606:4700:3032::6815:1d60 (IPv6)
  16. - 2606:4700:3037::ac43:94bb (IPv6)
  17. "PokéRogue" is also associated with a public GitHub repo (link: https://github.com/pagefaultgames/pokerogue), linked to in-game under the "Community" tab (accessible by pressing ESC). This GitHub shows the developer goes by the handles "Samuel H" and "Flashfyre," and is based out of Ontario, Canada (link: https://github.com/Flashfyre). GitHub further lists the developer's email address as flashfireex@gmail.com (proof: https://github.com/pagefaultgames/pokerogue/commit/70d61700d0c62d0356eaa279fc3cef2404e6ecdd.patch) - said email address would be the most expedient method of serving the main developer of "PokéRogue" with a C&D.
  18.  
  19. Kind regards,
  20. Anonymous
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