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Nintendo forces ROM site owners to pay $12.2 million for trademark infringement

LoveROMs and LoveRetro are no more

Nintendo forces ROM site owners to pay $12.2 million for trademark infringement

Nintendo forces ROM site owners to pay $12.2 million for trademark infringement

Arizona couple, Jacob and Cristian Mathias, the owners of both LoveROMS and LoveRETRO, have agreed to pay a sum of $12.23 million to Nintendo in damages, admitting to charges of copyright and trademark infringement for operating both websites. 

Earlier this year, Nintendo filed a lawsuit which asked for statutory damages of $150,000 for each Nintendo game on their websites and $2 million for each trademark infringement. Being unwilling to take part in an extended legal battle against the gaming giant, the couple has decided to settle the matter with Nintendo, forcing them to pay $12.23 million to the company while also complying with several other demands. At this time the judgement has not been signed off by a judge, though both parties have agreed to the settlement. 

Both loveROMS and LoveRETRO were taken offline, causing a domino effect with several other ROM sites, all of which feared incurring the wrath of Nintendo. Both websites are to be signed off to Nintendo, and all of the couples copies of Nintendo games, hardware and emulators need to be handed over to Nintendo at their own expense. The couple will also agree to a permanent injunction, which will prevent the couple from infringing on Nintendo's copyrights in the future. 

It is worth noting that the couple will likely not need to pay the full $12.23 million settlement, with the number acting as a deterrent for the operators of other ROM sites. 

If you head over to LoveROMS, you will now be greeted with the following message. 

  

     Our website, LoveROMS.com/LoveRetro.co, previously offered and performed unauthorized copies of Nintendo games, in violation of Nintendo’s copyrights and trademarks. LoveROMS.com/LoveRetro.co acknowledges that it caused harm to Nintendo, its partners, and customers by offering infringing copies of Nintendo games and has agreed to cease all such activities. To access legitimate Nintendo games online, please visit www.nintendo.com for information about the Nintendo Game Store.

Nintendo forces ROM site owners to pay $12.2 million for trademark infringement

(Nintendo has made a lot of money from emulators and ROMs)

   

In recent history, Nintendo has made a lot of money reworking or emulating their classic games library, both though Classic Mini consoles like the NES and SNES Classics and through their Virtual Console programs for their Wii, Wii U and 3DS consoles. Some of the emulated games for these programs were found to be identical to online ROMs, making it appear as if Nintendo used online ROM sites to as sources for their official emulators.

So far, Nintendo has not released a Virtual Console for their Switch console, though the same hardware, as used in the Nvidia Shield TV, has already been used to emulate Nintendo Wii and Gamecube classics in the Chinese market officially.

You can join the discussion on Nintendo forcing ROM site owners to pay $12.2 million for trademark infringement on the OC3D Forums

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Most Recent Comments

13-11-2018, 10:00:14

Dicehunter
Maybe they should make their older games easier to get then ROM sites wouldn't exist, One of my all time favourite games was Skies of Arcadia, Initially only on the Dreamcast but then later on the Gamecube with updated features, Quite difficult to get a hold of and if you do get a disc it's in terrible condition which then means the game won't play properly, Same with Pokemon Colosseum, An old favourite of mine.

Problem with Nintendo is it is run by old Japanese men who mentally are living in a bygone era and have no clue of the modern world and video game conservation, an old friend of mine who used to work at Nintendo magazine said the same, They are completely out of touch old men that are stuck in their ways.Quote

13-11-2018, 13:31:19

demonking

its a shame, agree on the the principal but what about IP that is no longer available to purchase? Its not like i can go out and buy a new Playstation and purchase new titles for it. I think the law needs to be looked at in that sense. Music and film 99% of the IP is available on newer formats or digital download and can be recorded on say a Sky box to watch again and again so it is a valid argument that it is available to buy still but this is not the case for games
I want to play Vagrant story, my only option is risk the second hand market with damaged copies and 20 year old hardware or emulation. its a dam long game what if 3 months later i get to an area that requires 3 play throughs and the disc is damaged in that area? who is going to offer a refund on a second hand game 3 months later, absolutely no one and even if there was such a return policy there would be arguments that you could have caused the damage and it worked fine for the previous owner!Quote

13-11-2018, 18:18:07

AlienALX
I agree Dice. They are hard core when it comes to their roms tbh. I remember many years ago some guy on a forum said that his ISP had sent him a fine from Nintendo for downloading a DS rom. £500 or there abouts, IIRC he just paid it without any arguing.

I've got a few N64 roms but nothing else. TBH I don't really want to play any of their other stuff.Quote
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