A sad loss for the Casio Calculator Hacking community and a victory for Casio. This is a DMCA takedown request sent by a Casio employee through GitHub’s Trust & Safety portal, asking to take down the fx-83GT PLUS emulator ROM that used to be in this repository.

Are you the copyright holder or authorized to act on the copyright owner’s behalf?

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.

I have read and understand GitHub’s Guide to Filing a DMCA Notice. Casio Computer Co., Ltd., the copyright holder, has authorized SNB-REACT U.A. to act against content infringing its intellectual property rights on the internet on its behalf.

Please provide a detailed description of the original copyrighted work that has allegedly been infringed. If possible, include a URL to where it is posted online.

The Github user itself has described the binary file (in the Readme file at https://github.com/fxesdev/fx-83GT_Plus/blob/main/firmware/README.md) as being the “fx-83GT Plus Firmware”, in particular the user states “we only have ROM dumps from the emulator”, which refers to a dump (copy) of the firmware included in a copy of an official Casio emulator.

Said emulators are available on the Casio website at, for example, https://education.casio.co.uk/calculator/fx-83gt-plus/ : “Classroom Emulator Teachers can request a free licence for use in classrooms, remote and blended learning ([…]). The free licence lasts for 1 year for demonstrating the calculator and preparing activities and is an ideal tool to embed mathematical understanding”

Aforementioned (calculator) emulators are proprietary Casio software, which also displays a mandatory license agreement during installation, which is limited in nature and in principle only authorizes use on a single computer, and expressly prohibits all other forms of use, including reproduction, transmission, modification, and distribution to the public. Said license provides that “Casio and its licensor, as the case may be, own any and all right, title and interest in and to the Product, including copyright and any other intellectual property rights. Except as expressly provided for herein, no right, title, or interest in or to the Product is granted to you under this Agreement.”

What files should be taken down? Please provide URLs for each file, or if the entire repository, the repository’s URL.

https://github.com/fxesdev/fx-83GT_Plus/blob/main/firmware/rom_emu.bin

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.

No

Have you searched for any forks of the allegedly infringing files or repositories? Each fork is a distinct repository and must be identified separately if you believe it is infringing and wish to have it taken down.

There seem to be no forks of this (copied binary) on GitHub.

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.

[private]
[private]
[private], [private], [private]

Please type your full legal name below to sign this request.

[private]