Nintendo - Nintendo Is Suing Two Well-Known ROM Sites

Nintendo Nintendo Is Suing Two Well-Known ROM Sites

Discussion in 'Gaming News Discussion' started by cm2, Jul 22, 2018.

  1. cm2

    cm2 Well-Known Member Full GL Member

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    Just read from Siliconera:

    Nintendo of America filed lawsuit this week against two ROM sites that are supposedly operated by the same company: LoveROMs and LoveRETRO.co.

    Both sites are allegedly owned by Jacob Mathias and Mathias Designs, L.L.C., and Nintendo claims they are “among the most open and notorious online hubs for pirated video games.”

    “Defendants reproduce, redistribute, publicly perform and display a staggering number of unauthorized copies of Nintendo’s video games, all without Nintendo permission.” Nintendo also states that the defendant’s websites have become enormously popular, reaching 17 million visitors each month, because of the illegal distribution of such ROMs, such that the sites reap “substantial ill-gotten gains”, and damage Nintendo and threaten “irreparable injury”.

    Nintendo’s lawsuit also covers the “extensive” use of Nintendo properties on the websites, which are allegedly used to encourage visitors into downloading the illegal ROMs. The sites also illegally distribute the proprietary BIOS software for various Nintendo consoles.

    “Defendants are not casual gamers but are instead sophisticated parties with extensive knowledge of Nintendo’s intellectual property and the video game industry more generally”, notes Nintendo. They request the takedown of both sites, as well as damages of $150,000 per Nintendo game infringement, as well as up to $2,000,000 for each copyright infringement.

    The domain names are also requested to be handed over to Nintendo, and the operators are to reveal the sources of the ROMs.

    Since the filing of the lawsuit, LoveRETRO has been taken offline, being shut down until further notice. Meanwhile, LoveROMs has removed all Nintendo titles from the site.
     
  2. Demon_Skeith

    Demon_Skeith Administrator Staff Member Administrator

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    Kind of surprised this hasn't happened sooner. Hopefully Nintendo doesn't try and get hold of logs of those who downloaded the ROMs and go after them.
     
  3. cm2

    cm2 Well-Known Member Full GL Member

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    I don't think they are going to do that. It would be too troublesome and costly to go after every single one I'd say especially with pretty much anyone in the world could download it.
     
  4. Demon_Skeith

    Demon_Skeith Administrator Staff Member Administrator

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    never underestimate a blood thirsty lawyer.
     
  5. cm2

    cm2 Well-Known Member Full GL Member

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    Use garlic to fight the vampire lawyer lol
     
  6. テクニカル諏訪子

    テクニカル諏訪子 _(:3」∠)_ Full GL Member

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    Or send Wario if too dangerous. w
     
  7. cm2

    cm2 Well-Known Member Full GL Member

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    lol Good Idea/Plan!
     
  8. Jerrar

    Jerrar Well-Known Member Full GL Member

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    Such sites are like the Hydra, you cut one down, two more take their place.
     
  9. cm2

    cm2 Well-Known Member Full GL Member

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    Just like what Delita said in FF tactics lol
     
  10. cm2

    cm2 Well-Known Member Full GL Member

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    Read a followup article from kotaku, Nintendo's legal action is causing EmuParadise to take preventive defensive action:

    Spooked By Nintendo, Popular ROM Site "Changes" After 18 Years

    EmuParadise, one of the world’s longest-running and most popular emulator communities, announced today that in the face of recent legal action against pirate sites it will be “changing”, in effect ceasing to offer ROM versions of Nintendo’s (and any other company’s) old classics.

    MasJ, the site’s founder, says:

    It’s not worth it for us to risk potentially disastrous consequences. I cannot in good conscience risk the futures of our team members who have contributed to the site through the years. We run EmuParadise for the love of retro games and for you to be able to revisit those good times. Unfortunately, it’s not possible right now to do so in a way that makes everyone happy and keeps us out of trouble.

    EmuParadise has been running since 2000, and it’s a good bet many of you have visited the site from time to time (it’s easily one of the most popular ROM and emulator destinations online) to download a classic game from your childhood that you felt like catching up with again.

    While the site isn’t technically closing down, it is ceasing to distribute ROMs of other people’s games:

    Thus, we have decided to make a new start. We will continue to be passionate retro gamers and will keep doing cool stuff around retro games. But you won’t be able to get your games from here for now. Where we go with this is up to us and up to you.

    You can’t blame MasJ, or his team members, for reacting like this. Jacob Mathias, the owner of LoveROMs, currently stands to lose millions if a court decides in Nintendo’s favour, and while old video games are cool and fun, hosting some on a website is not a hill anyone wants to financially die upon.

    Yet it’s hard not to also feel sadness at this trend, if not a little anger. Yeah, playing these games for free is technically illegal, but companies like Nintendo have been so bad at making their back catalogues easily available that ROM sites have long been providing a level of service that video game publishers have been unable (or unwilling) to match.

    It’s kinda like the music piracy argument from the 2000s, when record labels fought a losing battle against consumers who preferred the convenience and accessibility that piracy provided. Only it’s hard picturing companies like Nintendo and Sega ever reconciling that a Spotify/Netflix-type service for their back catalogues is the answer to their current legal crusade.

    Also worth noting is the preservation benefits sites like EmuParadise provide, which Frank Cifaldi puts so well here (please read the whole thread).
     
  11. Demon_Skeith

    Demon_Skeith Administrator Staff Member Administrator

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    This is kind of an ant hill situation, sure you crush the big one but many more will pop up.
     
  12. Jerrar

    Jerrar Well-Known Member Full GL Member

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    This is a sad turn of events. But I do believe more smaller sites are going to pop up.
     
  13. germainebull

    germainebull New Member

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    I have a feeling that this will be a David vs Goliath battle. May the best party win!
     
  14. テクニカル諏訪子

    テクニカル諏訪子 _(:3」∠)_ Full GL Member

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    Might as well be a different type of battle, considering the small guy won over the giant in this one, all while Nintendo is the giant in this case, and is winning by power rather than by fair competition.
     

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