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ROM site owners reach $12 million settlement with Nintendo

By midian182
Nov 13, 2018
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  1. Nintendo has long been known as a firm that does what it can to fight third-party emulators and ROMs. This was made abundantly clear when it issued lawsuits against LoveRETRO and LoveROMs, both run by Jacob and Cristian Mathias.

    The lawsuit asked for $150,000 in statutory damages for each of Nintendo’s games hosted on the sites and up to $2 million for each trademark infringement. After infringing on 140 titles and 40 trademarks, the theoretical maximum damages could have reached $100 million.

    With both parties wanting to avoid lengthy and costly court proceedings, the couple took down the sites and entered a settlement deal with Nintendo. TorrentFreak reports that the two sides have agreed to a consent judgment. And while they won’t be handing over $100 million, documents state: “Plaintiff is hereby awarded judgment against all Defendants, jointly and severally, in the amount of $12,230,000.”

    Additionally, the parties have agreed to a permanent injunction, meaning the couple can’t infringe on Nintendo’s copyrights again in the future. They must also hand over all their Nintendo games and emulators and sign over the LoveROMs.com and LoveRETRO.co domains to the company.

    $12 million is, of course, a lot of money, but it looks as if Nintendo is hoping to deter anyone else from operating similar sites. Ultimately, however, the couple may end up paying a much smaller sum.

    Permalink to story.

     
  2. ForgottenLegion

    ForgottenLegion TS Guru Posts: 355   +353

    What if declare bankruptcy when due to pay up?
    Not sure how they can take money you don't have.
     
  3. papahsquat

    papahsquat TS Rookie

    Nintendo doesn't care about the $12 million dollars, it's pocket change to them. They do, however, want people to stop giving their games away for free over the internet. A large portion of their revenue comes from selling older games. By settling for this high amount, they succeeded in stopping a distributor and discouraging others.
     
    Reehahs and Drew Valadez like this.
  4. lexster

    lexster TS Booster Posts: 116   +69

    Not really, all they've done is motivate people who host those kinds of sites to be smarter about the layers of protection they hide behind. It's not difficult. The reason these blokes were caught was stupidity running the site from US servers through US based hosting companies.
     
    ForgottenLegion likes this.

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