Nintendo wins legal case over ROM site, site owner ordered to pay $12 million in damages

nintendo logo.png

Earlier this summer, Nintendo filed a lawsuit against Jacob Mathias, otherwise known as the owner of LoveROMS and LoveRETRO, sites that notoriously hosted ROM files of retro Nintendo games. Immediately following the legal suit, both of the aforementioned domains were shut down to prevent further issue. Nintendo's legal action also had effects on other websites that had illegal content hosted on their servers, such as Emuparadise, which removed all download links shortly after the lawsuit was made public. Mathias and his wife, who were both charged on mass copyright infringement, plead guilty to the actions of trademark infringement and damages to Nintendo. They then entered settlement talks in order to find an agreeable amount of money to pay as reparations. Today, the final judgement for the case came in, showing that both Jacob Mathias and Nintendo had agreed for the former to pay $12,230,000 to the latter, over 12 million dollars.

yettobesignedorder.png

All copyrighted material owned by the couple must also be forfeited, and ownership of LoveROMs.com and LoveRETRO.co has been signed over to Nintendo of Japan.

:arrow: Source
 

depaul

Well-Known Member
Member
Joined
May 21, 2014
Messages
1,311
Trophies
1
XP
3,049
Country
France
I hate that law pattern when "one has to pay for all others' sin"...
12 M$ is more than what a doctor/engineer/pilot would make during his entire life.
That's clearly unfair, I always wondered how those big companies calculate that "damage" amount... and how would a judge approve that
 
Last edited by depaul,
  • Like
Reactions: wiewiec

SonicRings

Well-Known Member
Member
Joined
Oct 7, 2012
Messages
1,837
Trophies
1
Location
Johto
XP
1,870
Country
Canada
I hate that law pattern when "one has to pay for all others' sin"...
12 M$ is more than what a doctor/engineer/pilot would make during his entire life.
That's clearly unfair, I always wondered how those big companies calculate that "damage" amount...
Dude, like, do you even know how many Soccer on NES sales they lost because people could download that for free?! $12 is, like, nowhere close, man. /s
 
  • Like
Reactions: depaul

Shadowfied

Well-Known Member
Member
Joined
Dec 6, 2014
Messages
2,405
Trophies
1
Age
28
XP
3,666
Country
Fucking ridiculousness. How about you take some of your lawyer money and put it towards maning your games and systems the best it could be instead. I can't even begin to fathom how any calculation can be presented seriously and imply that a ROM download is a lost sale. Especially when the vast majority are games you can't even pay for. These witch hunts for normal people need to stop.
 

Mizat

Member
Newcomer
Joined
Aug 5, 2018
Messages
15
Trophies
0
Age
33
Location
Michigan
XP
106
Country
United States
OK, these owners of the site's were not very smart. I never went to the site that lost, however if they would have put disclaimers and warning and such all over the place and on every page with a rom in big bold letters, or even an agreement the user has to make to use the site, he wouldn't be F****'ed the rest of his life financially. ROMs technically are not illegal in themselves, court cases have proved this. The owner of the site should have worded thongs better and let people know on everypage with a download that, they are not legally able to download a rom to play, and what not all symats really. Unless he site was in a format that was kind of mega uploadish and was obviously for free stuff, Emuparidise took stuff down I feel bad in a way for them, however If i'm thinking of the correct site, and they had a lawyer that wasn't somecouple $100 hack job, they would be fine, As I think they warned and had disclaimers ect. However better safe thanm sorry, even if you don't get sued going to court would be a hassel. His site would get publicity if he won though, ya know?
 

SG854

Hail Mary
Member
Joined
Feb 17, 2017
Messages
5,215
Trophies
1
Location
N/A
XP
8,104
Country
Congo, Republic of the
Fucking ridiculousness. How about you take some of your lawyer money and put it towards maning your games and systems the best it could be instead. I can't even begin to fathom how any calculation can be presented seriously and imply that a ROM download is a lost sale. Especially when the vast majority are games you can't even pay for. These witch hunts for normal people need to stop.
I’ve seen some sites that has NES, SNES downloads but no roms that are Nintendo made. I guess that gives them protection from Nintendo since they ae the biggest threat for this anti piracy thing. And Nintendo can’t sue them for games made by other companies I guess. I don’t know.

Nintendo might have sued them just for their games. Then they guy decided to take down the whole site, because after 12 million and Bankruptcy I would guess he said no more of this. This is all just speculation though. I didn’t bother to read the legalities.
 
Last edited by SG854,

Kioku

猫。子猫です!
Member
Joined
Jun 24, 2007
Messages
12,040
Trophies
3
Location
In the Murderbox!
Website
www.twitch.tv
XP
16,236
Country
United States
Something to consider, didn't loveroms offer a subscription service? Hmmm.... Yes, I would know as that's the site I used to "acquire" certain files. If some of you honestly think they aren't in a financial position to pay this sum, you're in no position to argue here.
 

Mizat

Member
Newcomer
Joined
Aug 5, 2018
Messages
15
Trophies
0
Age
33
Location
Michigan
XP
106
Country
United States
Most people wouldn't mind it, if ninty still sold the games so that you can actually get them.
Yea, if they sold these things, or had download for everything people would buy them. I'm not gonna use an emulater on a New 2ds when I can get old pokemon in the eshop for a good fair price. I think 5 maybe 10 depending. I'll pay 5 for any Pokemon related game. However they don't sell all games or even close, or offer them free or 50 cents. IDK why they don't take part of that 12 million, and use it to make every game possible downloadable for free, cheap as hell, and fair for the big titles. If someone has bought a GBA game in 3ds should be avaible on their wii, Wii U ect. Maybe not the Wii it;s little old. Seriously only times I ever played a Rom was when I couldn't get it anywhere else. Like Shantae before the eshop (the first one that was impossible to find in the first place and if was released at a better time would have been a much larger success).

Edit-I know licensing issues is a huge problem with many games being re-released, however it wont take much to get into contact with asid company have two lawyers go over and create a contract saying it can be in the shop and they can make X amount off of every download. Or the game can be free but you Studio or developers will have their brand advertised largley when booting the free game, even ninendo could offer them 1 payment, of not much money at all. The games arn't doing anything, nothing to loose, just hand the rights over to Nintendo for 10 Grand shit (mostly washed old companies who need it). Nintendo could offer help and resourses for developing a game they maybe working on. Offer free marketng to a current franchise if they can have them in the eshop, say free themes with a game they are making, and they can have the NOT the right to the game, but ab agreement for it to be in the eshop for free or for whatever price is fair and decided, then Nintendo needs money for hosting that game on their servers ect, it will cost them money to offer them to us, thats when you charge a small fee for game make some 50 cents fuck. It'll add up, in some cases developers should love have even a small portion of the money made, and they still own the game ad can do anything they want, it;s just in the eshop. Maybe they could all sell a modified ROM (lol) to nintendo of the game to post, and they can make it however they want, make it full of ads somehow for new games go ahead, people will just not want to play it who are not hard core fans, but they could be altered in a waqy that makes the version not even close to as valuable to consumers as original, have to a creative way, but this would be a way for developers to get past current contracts with other compasies like Microsoft and Sony or partner type companies, also nintendo would have some alterned not exact original, ig they wanted to do that, incase they planned a relaunch soon of the original on some other platform or new game including t or a redesign/graphics.
 
Last edited by Mizat,
D

Deleted User

Guest
Why is Nintendo protecting their properties?!?1?!
Unforgivable!!! /s

Seriously though, this guy chose to make money with his site by uploading ROMs, so I really can't be bothered to feel sorry for him. He should've known Nintendo would come for him.
I do agree with you, but certain games are extremely tough to play without getting them on an emulator. Nintendo isn't making it easy for newcomers and fans to play retro games on the Switch (I mean, it's pretty tough to play Gamecube games without playing a remake, getting the original console, or playing them on a Wii or emulator). Either way, I'm pretty neutral on the situation.
 
  • Like
Reactions: Fates-Blade-900

Shadowfied

Well-Known Member
Member
Joined
Dec 6, 2014
Messages
2,405
Trophies
1
Age
28
XP
3,666
Country
I’ve seen some sites that has NES, SNES downloads but no roms that are Nintendo made. I guess that gives them protection from Nintendo since they ae the biggest threat for this anti piracy thing. And Nintendo can’t sue them for games made by other companies I guess. I don’t know.

Nintendo might have sued them just for their games. Then they guy decided to take down the whole site, because after 12 million and Bankruptcy I would guess he said no more of this. This is all just speculation though. I didn’t bother to read the legalities.
I feel like if I was actually in a 12 million dollar debt, I would just dedicate my life to provide ROMs for everyone. I'd already be as fucked as I could be.
 
  • Like
Reactions: Fates-Blade-900

smf

Well-Known Member
Member
Joined
Feb 23, 2009
Messages
6,659
Trophies
2
XP
5,928
Country
United Kingdom
Just because the roms may have been on their platforms at one point 20-30 years ago does not mean that they own distirbution rights on those roms.

They can prove they own the copyright to the ones listed in exhibit a

https://www.courtlistener.com/recap/gov.uscourts.azd.1112177/gov.uscourts.azd.1112177.1.1_1.pdf

And the trademarks in exhibit b

https://www.courtlistener.com/recap/gov.uscourts.azd.1112177/gov.uscourts.azd.1112177.1.2.pdf

I feel like if I was actually in a 12 million dollar debt, I would just dedicate my life to provide ROMs for everyone. I'd already be as fucked as I could be.

You really wouldn't. You'd end up in jail until you stopped being in contempt of court. You're just swinging your dick, which might help you in jail.
 
Last edited by smf,

the_randomizer

The Temp's official fox whisperer
Member
Joined
Apr 29, 2011
Messages
31,284
Trophies
2
Age
38
Location
Dr. Wahwee's castle
XP
18,969
Country
United States
I am sick and tired of people saying that licensing issues are what prevents them from releasing their games. Does this include their own first party games? No, because why the hell would Nintendo's own IP have licensing issues when they are the ones that made them? There is literally no excuse for first party games not being available on Switch.

But you know what? I don't even feel a minutia of regret or remorse for downloading countless old ROMs. Why? Because many of them are not available on digital storefronts, so I either have to pay some lowlife scalper on eBay, or not buy them at all. Yeah, screw that.
 
Last edited by the_randomizer,
Joined
Sep 17, 2009
Messages
2,592
Trophies
2
XP
3,841
Country
United States
They can prove they own the copyright to the ones listed in exhibit a

https://www.courtlistener.com/recap/gov.uscourts.azd.1112177/gov.uscourts.azd.1112177.1.1_1.pdf

And the trademarks in exhibit b

https://www.courtlistener.com/recap/gov.uscourts.azd.1112177/gov.uscourts.azd.1112177.1.2.pdf



You really wouldn't. You'd end up in jail until you stopped being in contempt of court. You're just swinging your dick, which might help you in jail.
Is there a document detailing how they determined the value of out of print games?
 

godreborn

Welcome to the Machine
Member
Joined
Oct 10, 2009
Messages
38,467
Trophies
3
XP
29,205
Country
United States
DUDE, MAYBE u bought those preowned switch games and coins are already claimed.

no, these were bought new from best buy. the exact error was: "it is too early to claim coins for this software." I had been getting the same message for months. if the coins had been claimed, it would've said as such.
 
  • Like
Reactions: Kioku

smf

Well-Known Member
Member
Joined
Feb 23, 2009
Messages
6,659
Trophies
2
XP
5,928
Country
United Kingdom
Is there a document detailing how they determined the value of out of print games?

Why should they? That isn't how the law works (and has to work).

They don't need to prove the number of times it was downloaded either, that would put too much of a burden on the plaintiff.

It's enough to know that significant numbers of visitors accessed the site where copyright infringing files were available.

There is a cap on damages, so it can work both ways.
 
Last edited by smf,

Site & Scene News

Popular threads in this forum

General chit-chat
Help Users
    K3Nv2 @ K3Nv2: They started hating later seasons because it turned into half seasons and specials +1