Nintendo Sues Owner of 2 Prominent ROM-Hosting Sites
These contents are reportedly uploaded and maintained directly by Mathias's company on a regular basis. In the motion, Nintendo also claims that the defendant is profiteering off of the popularity and subsequent ad-revenue of his sites, with one site regularly reaching over 17 million visitors per month. This is popularity gained, of course, exclusively from providing Nintendo's copyrighted content, that being both in the form of software as well as copyrighted visual logos to advertise the content.
Under the count of "unfair competition", Nintendo claims that:
Nintendo is seeking compensation of $150,000 in statutory damages, on top of up to $2,000,000 for the infringement of each Nintendo trademark. Because there are more than 140 copyrighted titles and 40 trademarks reportedly being infringed, this could possibly result in upwards of $100 million in damages when totaled. In addition, they are demanding that Mathias provide them information on the sources of any and all infringing material hosted on his sites. Of course, Nintendo also seeks to shut both sites down with this motion. Mathias himself has yet to publicly respond to the allegations.
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