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Apple issued a rare type of Subpoena from "Five Nights at Freddy's" Creator Seeking the Identity of a Copyright Infringer



Five Nights at Freddy's is a 2014 indie point-and-click survival horror video game designed by Scott Cawthon. The game centers on the fictional pizza restaurant Freddy Fazbear's Pizza, where the player must act as a night security guard and fend off animatronic animal characters by tracking their movement through the facility using security cameras.


Five Nights at Freddy's was first released via Desura on August 8, 2014. On August 20, 2014, after it was approved by the service's crowdsourcing platform Greenlight, Five Nights at Freddy's was also released via Steam. Ports have been released for Android and iOS.




Late yesterday, an attorney representing the video game designer Scott Cawthon issued a DMCA Section 512(H) Subpoena to Apple in an effort to help identify an alleged infringer or infringers pursuant to the Digital Millennium Copyright Act.


The DMCA Subpoena is directed to Apple, the service provider of a site to which the infringing identified as "Lazada Polodi,'' posted content that infringes copyright rights held by Cawthon.


App Annie lists the game publisher as "Lazada Polodi". The game sells for $9.99 and was published May 3, 2015. The "Play Apps Online" website lists the game as one that you could play for free.


Obviously Scott Cawthon is unhappy with this development and sees it as a complete rip-off of his copyrighted material. Scott Cawthon's attorney filed for the DMCA Section 512(H) Subpoena in the California Northern District Court, San Francisco Office. The Presiding Judge noted in this case is Jacqueline Scott Corely with cause of action code noted as being 28:1331.


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