The TorrentFreak website reported on Monday that an unsigned copy of a final judgement it obtained reveals that the parties in Nintendo of America's lawsuit against the owners of ROM sites LoveROMs.com and LoveRETRO.co. have reached a consent judgement. A federal court in Arizona awarded a judgement amount of US$12,230,000 against the defendants. According to the document, each party will pay its own costs and attorneys' fees.
In addition, the defendants agreed to a permanent injunction that will prevent them from infringing on Nintendo's copyrights in the future. The Mathias couple must also give Nintendo of America ownership of both of the involved websites, as well as all of their Nintendo games and emulators at their own expense.
Nintendo of America initially filed the lawsuit on July 19 against only Jacob Mathias and Mathias Designs, LLC. However, an updated complaint filed on July 26 added Cristian Mathias as a defendant. The suit was filed for counts of copyright infringement, trademark infringement, and unfair competition. According to Nintendo's complaint, the sites have reproduced and distributed "thousands of games" owned by Nintendo, as well as Nintendo's music, audio, and video game system software. Nintendo also accused the defendants of using registered Nintendo trademarks, including logos and characters.
Nintendo is seeking up to US$150,000 for the infringement of each of its copyrighted works and up to US$2,000,000 for each trademark. The court document lists 142 copyrights and 40 trademarks that the sites allegedly infringed upon, so the potential total is more than US$101 million, not including Nintendo's other demands for attorney's fees.
Nintendo is also seeking to identify the sites' suppliers, take custody of all unauthorized copies of its works, and to take control of the www.LoveROMS.com and www.LoveRETRO.co domain names.
More here
Talk about a game over for their life.
In addition, the defendants agreed to a permanent injunction that will prevent them from infringing on Nintendo's copyrights in the future. The Mathias couple must also give Nintendo of America ownership of both of the involved websites, as well as all of their Nintendo games and emulators at their own expense.
Nintendo of America initially filed the lawsuit on July 19 against only Jacob Mathias and Mathias Designs, LLC. However, an updated complaint filed on July 26 added Cristian Mathias as a defendant. The suit was filed for counts of copyright infringement, trademark infringement, and unfair competition. According to Nintendo's complaint, the sites have reproduced and distributed "thousands of games" owned by Nintendo, as well as Nintendo's music, audio, and video game system software. Nintendo also accused the defendants of using registered Nintendo trademarks, including logos and characters.
Nintendo is seeking up to US$150,000 for the infringement of each of its copyrighted works and up to US$2,000,000 for each trademark. The court document lists 142 copyrights and 40 trademarks that the sites allegedly infringed upon, so the potential total is more than US$101 million, not including Nintendo's other demands for attorney's fees.
Nintendo is also seeking to identify the sites' suppliers, take custody of all unauthorized copies of its works, and to take control of the www.LoveROMS.com and www.LoveRETRO.co domain names.
More here
Talk about a game over for their life.
