Dear DMCA Agent:

Our firm represents Grindr LLC (“Grindr”) in intellectual property and other legal matters. Grindr owns and operates a social networking platform for gay, bi, trans, and queer people.

As you are aware, we previously submitted a takedown notice for the “Fuckr” repository ([repository disabled per previous DMCA takedown]) as it violated the Copyright Act and the anti-circumvention prohibitions of 17 U.S.C. Section 1201. (See Reference ID 4e9a141). The original project was taken down on or about September 13, 2018.

The Forks of the “Fuckr” repository are still active and equally violate the law, GitHub’s Terms, Grindr’s Terms, and endanger the safety of Grindr users by facilitating unauthorized access to the user’s location and exposing the user to real threats of anti-LGBT violence. Therefore, Grindr requests that these Forks be taken down for the same reasons as the original project.

As required by Github, Grindr provides the following information.

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

Yes.

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 copyrighted work is the popular Grindr® dating and social networking application. It may be downloaded through links found here: https://www.grindr.com/

The copyright is registered with the US Copyright Office in various versions, namely, Registration Nos. TX0007250956; TX0008342676; and TX0008342680.

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

The entire “Fuckr” repository ([repository disabled per previous DMCA takedown]) violates Grindr’s rights under the Copyright Act, including the anti-circumvention prohibitions of 17 U.S.C. Section 1201.

The purpose of “Fuckr” is to facilitate unauthorized access to the Grindr app by circumventing Grindr’s access controls, such that “Fuckr” functions as “an unofficial desktop Grindr client” (see http://fuckr.me/).

Among other things, the Grindr app contains mechanisms that prevent users from identifying the precise geographic locations of other users. “Fuckr” is designed to bypass those mechanisms such that users can “[p]inpoint any guy's exact location” (see, e.g., http://fuckr.me/).

The Grindr app also controls access to user-uploaded images by preventing users from downloading them. “Fuckr” is designed to bypass those mechanisms such that users can download images uploaded by other users (see, e.g., http://fuckr.me/ (“Save (dick) pics.”)).

The Grindr app is designed to reflect a user’s general geographic location. “Fuckr” is designed to allow a user to circumvent this mechanism and spoof his geographic location. (see, e.g., http://fuckr.me/) (“Change your location.”)).

“Fuckr” thus “is primarily designed … for the purpose of circumventing a technological measure that effectively controls access to a work protected under” the Copyright Act (17 U.S.C. Section 1201(a)(2)(A)), “has only limited commercially significant purpose or use” – in fact, no commercially significant purpose or use – “other than to circumvent a technological measure that effectively controls access to a work protected under” the Copyright Act (17 U.S.C. Section 1201(a)(2)(B)), “is primarily designed … for the purpose of circumventing protection afforded by a technological measure that effectively protects a right of [Grindr] under [the Copyright Act] in a work or portion thereof” (17 U.S.C. Section 1201(b)(1)(A)), and “has only limited commercially significant purpose or use” – in fact, no commercially significant purpose or use – “other than to circumvent protection afforded by a technological measure that effectively protects a right of [Grindr] under [the Copyright Act] in a work or a portion thereof” (17 U.S.C. Section 1201(b)(1)(B)).

Note that the “Fuckr” site at http://fuckr.me/ contains an invitation to “Fork me on GitHub,” with a link to the “Fuckr” GitHub repository (https://github.com/tomlandia/fuckr), and contains links to download the “Fuckr” software from GitHub [repository disabled per previous DMCA takedown]

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.  
Yes. I have investigated each of the forks listed below and determined that each violates Grindr’s rights under the Copyright Act for the same reasons that the “Fuckr” repository does. My sworn statements in this takedown notice apply to each of these forks:  
https://github.com/adt890/fuckr  
https://github.com/ajkanganis1987/fuckr  
https://github.com/aleyva39/fuckr  
https://github.com/amarett0/fuckr  
https://github.com/amysouter/fuckr  
https://github.com/andrewgamez/fuckr  
https://github.com/angamaiton/fuckr  
https://github.com/anotheraustinbb/fuckr  
https://github.com/bfree30/fuckr  
https://github.com/bizichild/fuckr  
https://github.com/brennanf72/fuckr  
https://github.com/Bromorda/fuckr  
https://github.com/caffenee101/fuckr  
https://github.com/Charmanda-Bynes/fuckr  
https://github.com/codesorter2015/fuckr  
https://github.com/dand0025/fuckr  
https://github.com/dangitdang/fuckr  
https://github.com/davidmitcha/fuckr  
https://github.com/deimagnetic/fuckr  
https://github.com/dezertys/fuckr  
https://github.com/diddy5576/fuckr  
https://github.com/eandrueg/fuckr  
https://github.com/elfelround/fuckr  
https://github.com/emopiggie/fuckr  
[repository removed by owner]  
https://github.com/CanadianJeff/fuckr  
https://github.com/faingaaz/fuckr  
https://github.com/fetterov/fuckr  
https://github.com/Gaytronics/fuckr  
https://github.com/genevera/fuckr  
https://github.com/georgeezgm/fuckr  
https://github.com/GeromeMouawad/fuckr  
https://github.com/GitYukari/fuckr  
https://github.com/guynwpg/fuckr  
https://github.com/henkholveck/fuckr  
https://github.com/HeyHeyGayGay/fuckr  
https://github.com/iamJaiB/fuckr  
https://github.com/Isleofmisfitboys/fuckr  
https://github.com/isexcats/fuckr  
https://github.com/ivan801/fuckr  
https://github.com/j0cLuis/fuckr  
https://github.com/JACKSONRID/fuckr  
https://github.com/jdanielcmedina/fuckr  
https://github.com/jddavol/fuckr  
https://github.com/joseroubert08/fuckr  
https://github.com/jpdease/fuckr  
https://github.com/JSnil/fuckr  
https://github.com/julienenpersonne/fuckr  
https://github.com/jxjxluca/fuckr  
https://github.com/Kav28/fuckr  
https://github.com/kestrelone/fuckr  
https://github.com/kstepanyan/fuckr  
https://github.com/larrydalaw/fuckr  
https://github.com/linearregression/fuckr  
https://github.com/loriezn/fuckr  
https://github.com/MarcBittner/fuckr  
https://github.com/mark-chat/fuckr  
https://github.com/Marky001/fuckr  
https://github.com/moaa75/fuckr  
https://github.com/mrudtf/fuckr  
https://github.com/n997/fuckr  
https://github.com/nfork/fuckr  
https://github.com/nickstacydown/fuckr  
https://github.com/northstar77/fuckr  
https://github.com/pizzacraft/fuckr  
https://github.com/powline99/fuckr  
https://github.com/quantmgod/fuckr  
https://github.com/radiodario/fuckr  
https://github.com/ratchet-stpup/fuckr  
https://github.com/RobbieTechie/fuckr  
https://github.com/shyrat/fuckr  
https://github.com/silesia12/fuckr  
https://github.com/simonallison/fuckr  
https://github.com/Sketchyballas/fuckr  
https://github.com/skinneavy/fuckr  
https://github.com/sluttykiwi/fuckr  
https://github.com/SME6733/fkr2  
https://github.com/Snowguy82/fuckr  
https://github.com/ssbbpp/fuckr  
https://github.com/svarnewary/fuckr  
https://github.com/SyntaxxxErr0r/fuckr  
https://github.com/tetrapus/fuckr  
https://github.com/trashylondon/fuckr  
https://github.com/treymacc/fuckr  
https://github.com/untillion/fuckr  
https://github.com/voxxit/fuckr  
https://github.com/medtreker/fuckr  
https://github.com/westkey/fuckr  
https://github.com/xfy741/fuckr  
https://github.com/xian03/fuckr  
https://github.com/xironix/fuckr  

Is the work licensed under an open source license? If so, which open source license? Are the allegedly infringing files being used under the open source license, or are they in violation of the license?

No.

What would be the best solution for the alleged infringement? Are there specific changes the other person can make other than removal?

The only viable solution is to remove the entire “Fuckr” repository, including the Forks, as there is no substantially non-infringing use of the “Fuckr” code. The very purpose of “Fuckr” is to facilitate unauthorized access to the Grindr app and to data about Grindr users, in contravention of 17 U.S.C. Section 1201.

Do you have the alleged infringer’s contact information? If so, please provide it:

We have attempted to contact the infringer directly using the only address we were able to find, and our letters were returned as undeliverable. As such, we do not have the infringer's contact information.

Type (or copy and paste) the following statement: "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 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.

Type (or copy and paste) the following statement: "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 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.

Please confirm that you have you have read our Guide to Submitting a DMCA Takedown Notice: https://help.github.com/articles/guide-to-submitting-a-dmca-takedown-notice/

Yes.

So that we can get back to you, please provide either your telephone number or physical address:

[private]

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

[private]

In closing, we are certain GitHub will appreciate the gravity of the above-described violations and will not knowingly allow its services to perpetuate such illegal and threatening activity without swift action to protect the integrity of GitHub and members of the public who use its platform. Should you require further information or documentation to support the claims set forth above, please contact us at the information provided above. Otherwise, Grindr respectfully requests GitHub immediately take down the Forks for the “Fuckr” repository and appreciates a receipt of confirmation once the take down has been put into effect.
