Nintendo hits popular ROM sites with copyright infringement lawsuit

midian182

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Why it matters: Nintendo might be famous for the games and consoles it produces, but it’s also got a reputation for being a company that hates third-party emulators and ROMs. Now, the Japanese giant has launched a lawsuit against two ROM sites, one of which has already shut down.

The sites in question—loveROMS.com and loveRETRO.co—are believed to be operated by Jacob Mathias and his Arizona company Mathias Designs LLC, reports TorrentFreak.

“Through the LoveROMs and LoveRETRO websites, Defendants reproduce, distribute, publicly perform and display a staggering number of unauthorized copies of Nintendo’s video games, all without Nintendo’s permission. This includes thousands of games developed for nearly every video game system Nintendo has ever produced,” Nintendo writes, in its lawsuit. The company added that the sites also distribute proprietary BIOS software and use trademarked logos and characters.

LoveROMs has responded to the suit by removing all of its Nintendo games, while visiting the loveRETRO site brings up a message stating it "has effectively been shut down until further notice.” But that’s far from enough for Nintendo. The lawsuit is asking for $150,000 in statutory damages for each of its games hosted on the sites and up to $2 million for each trademark infringement. It also wants permanent injunctions on the websites, the domain names handed over, and the sources of their ROMs. After infringing on 140 Nintendo titles and 40 trademarks, the theoretical maximum damages could reach $100 million.

You can read the full suit, which was filed on July 19, here.

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But many of the roms are no longer produced and you can't even buy the consoles to play then anymore. How could there damages if they no longer produced the products to sell?

Even their retro consoles are produced in limited numbers and sell out almost immediately
 
This seems excessively inflated.

There's no way he could pay that.

They know there's no way he could pay that...

Nintendo is flexing. I wonder if this has anything to do with the Switch hack tool that's come out. They can't patch the systems that are flawed, only fix the new ones being released. So then naturally they slap on some lawsuits on the ROM sites to scare them into staying away from the Switch.

I'm probably waaaaaay off.... but hey maybe there's a connection...

I expect to see another article talking about how they've settled on a much lesser amount in the near future. lol
 
They're doing this (likely) because I've seen tons of people posting online like... "why would I buy this stupid 'classic' console when there's tons of emulators out there". With classic consoles reselling all the old games, these emulators DO cut into profits once again. It hasn't been an issue until now because of these consoles. The one loophole in this theory is that even the classic consoles are limited to certain games so as yRaz pointed out, how can you lose profit on games nobody can buy/play anymore?
 
They're doing this (likely) because I've seen tons of people posting online like... "why would I buy this stupid 'classic' console when there's tons of emulators out there". With classic consoles reselling all the old games, these emulators DO cut into profits once again. It hasn't been an issue until now because of these consoles. The one loophole in this theory is that even the classic consoles are limited to certain games so as yRaz pointed out, how can you lose profit on games nobody can buy/play anymore?

People, including myself, have been downloading ROMs and emulators waaaay before they starting coming out with retro consoles, but maybe your point is that it hasnt had much of a public spotlight until of the retro consoles... the cost of them, and the limited number of games... then you got those people saying "why would you buy that when you can make it... blah blah blah" . Also, with the creation of things like the Raspberry Pi this has become even more so because of the ease of setting up Emulation Station (RetroPie) and downloading ROM packs, just to reinforce your point. However, this process sometimes doesnt even hit the ROM sites, as those packs are on torrent sites. So I mean, you kind of have a point but I'm not really sure.... maybe there's a connection with that...

I would think of it as potential profit, as any business would, intellectual property, or whats the word for it? They may not be making a profit off them currently. Also, why would they only include some games in the lawsuit? As far as my theory, they are trying to scare the ROM sites, and so far from this article it seems effective... but to be fair, I've never heard of or used those ROM sites listed. So by including every title, ever infringement in copyright, they are able to smack them with this large 9 digit figure $$$ on the lawsuit and have sites post articles about it to spread the word and scare other ROM sites or potential sources to get their ROMs.

Edit: Typos, sorry if I missed some
 
People, including myself, have been downloading ROMs and emulators waaaay before they starting coming out with retro consoles, but maybe your point is that it hasnt had much of a public spotlight until of the retro consoles... the cost of them, and the limited number of games... then you got those people saying "why would you buy that when you can make it... blah blah blah" . Also, with the creation of things like the Raspberry Pi this has become even more so because of the ease of setting up Emulation Station (RetroPie) and downloading ROM packs, just to reinforce your point. However, this process sometimes doesnt even hit the ROM sites, as those packs are on torrent sites. So I mean, you kind of have a point but I'm not really sure.... maybe there's a connection with that...

I would think of it as potential profit, as any business would, intellectual property, or whats the word for it? They may not be making a profit off them currently. Also, why would they only include some games in the lawsuit? As far as my theory, they are trying to scare the ROM sites, and so far from this article it seems effective... but to be fair, I've never heard of or used those ROM sites listed. So by including every title, ever infringement in copyright, they are able to smack them with this large 9 digit figure $$$ on the lawsuit and have sites post articles about it to spread the word and scare other ROM sites or potential sources to get their ROMs.

Edit: Typos, sorry if I missed some

No no I totally agree on all your points. I was just posting my theory on why Nintendo is doing this now. I also agree, I've never even heard of these two and there's another BIG one out there I'm surprised they didn't go after. In the end, this means we should all mass download ROMS and emulators now incase they suddenly go extinct. Great job Nintendo >_<
 
This seems excessively inflated.

There's no way he could pay that.

They know there's no way he could pay that...

Nintendo is flexing. I wonder if this has anything to do with the Switch hack tool that's come out. They can't patch the systems that are flawed, only fix the new ones being released. So then naturally they slap on some lawsuits on the ROM sites to scare them into staying away from the Switch.

I'm probably waaaaaay off.... but hey maybe there's a connection...

I expect to see another article talking about how they've settled on a much lesser amount in the near future. lol
I'm on board with you on this one. Pure FUD.
 
With the hack tool on the Switch consoles. You could potentially run emulators and download all the ROMs to it. However, I think they are bricking the devices somehow... I havent looked into it, yet.
 
Yea lets go after 1 in a million ROM site instead of making our online storefront more consumer friendly. get F*CKED nintendont. I cant wait until switch emulation is in full swing, because I will never purchase another console from them. PIRATE ALL NINTENDO GAMES
 
Yea lets go after 1 in a million ROM site instead of making our online storefront more consumer friendly. get F*CKED nintendont. I cant wait until switch emulation is in full swing, because I will never purchase another console from them. PIRATE ALL NINTENDO GAMES

Wow you are kind of angry about this. Are you THEE Jacob Mathias?
 
I wonder if I should undust that old box with all my N64 games and get the ROMs of the ones I already own.

I keep wanting to emulate Goldeneye64 with extra visual goodies. Wasted way too much time playing the game years ago...
 
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