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

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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.

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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.

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Langley911

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I bet you the money the guy made out of it doesn't even come close to 10k per year.

Really?
Suing for 12 million just because of 40 or so games that they have re-released with both NES/SNES classics combined?
What about 90+% of the library to which they don't own the full rights to? They can't claim rights about those, not even close. if at all less than 5% of the library is done specifically by them alone.
And what about N64, GB/C/A, DS titles which they haven't rereleased at all in current gen?
The same applies for them not owning the copyrights to 90% of the library of said consoles.

It's complete bullshit.
They can protect their property but at least give the fanbase and clients a way to purchase them legally in a digital format.
The ONLY way to get the so called "retro" games from Nintendo is by a rental service today.
You don't even own shit anymore because it's all a rental service, how fucked up is that?

Yet people continue to blindingly pay their bullshit services (which offer nothing new at all compared to what emulators have been doing for decades now), and even more bullshit is the fact that people stupidly keep paying for the same fucking games over and over again with each generation of consoles.

And then Nintendo goes and sues ROM sites left and right?
If they weren't such draconian and greedy assholes, and offered the people what they want for once and a way to get their games/ROMs legit, this wouldn't happen.

Good luck trying to get a copy of EarthBound for less than 150 bucks, because that's the only way you'll get the game now since you don't own a thing with this new rental service of shit.
wise words have been spoken
 

ShadowOne333

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You might be true, who knows ...
The site was poisoned with ads over and over. It even installed extensions to your browser if you were not smart enough. :D
Oh yeah I remember that haha.
He did went a little overboard with ads at one point, but I get it.
Fortunately, I use Linux, so I run no risks of getting viruses at all :P
 
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smf

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And then Nintendo goes and sues ROM sites left and right?
If they weren't such draconian and greedy assholes, and offered the people what they want for once and a way to get their games/ROMs legit, this wouldn't happen.

It's capitalism for you. If you want communism then there are countries you can go to which offers you that.
 

leon315

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I've always been a Nintendo fan, but not so much after a recent phone conversation. I called to complain that three games wouldn't let me redeem coins (giving different errors), this is seventy cents of coins minds you, but it was the principle of the thing that was important. anyway, Nintendo seemed reluctant to give me those coins as if I was lying for a measly seventy cents. their fuck up, and I'm the one to pay for it. Nintendo has become, or perhaps always was, a greedy, very greedy company.
DUDE, MAYBE u bought those preowned switch games and coins are already claimed.
 

smf

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Time to host romsites in China and Russia then :^}

What do you mean time to? Only an idiot would host a romsite in america, running payment processing and advertising through america as well (or any european country as well).

The crap he installed on your pc was another nail in his coffin for me.

China may not be a good target though, they have introduced IP laws to maintain trade deals with the west.
 
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tiamat999

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Ok, let me get this straight. Around 90% of the people which posted to this thread are butthurt over a sued by nintendo rom page, which most of them doesn't even knew before? From where i get the information? Read the thread that was made when the lawsuit started.
What makes it even better how all of you prise rom downloads and hating on Nintendo for DOING THERE JOB SO THEY DOEN'T GET SUED FOR TRIPPEL THE AMOUNT. How the fk people forget that gbatemp also once hosted roms and stoped it to become a place to talk / share about stuff like homebrews, news and so on.

Now let me explain how basic copyright in most use cases work.
Bob developes something. Bob has full rights on what he developed. He publishs it by himself on a way how he makes profit out of it. 50 Years passes. Bob never selled the main rights to what he created, but never updated trademarks or similar things. Other people can make somethign similiar and share it for free, BUT THEY CAN NOT SHARE THEY EXACT THING, A COPY, of what Bob made. They don't have the rights on it.
If Bob shared the rights with Alice who published it for him and get a part of the earnings, good for Bob. But when the contract ends, Alice has not anymore the rights to sell Bobs creation, even if Bob would still make profit out of it. Since Alice doesn't have any legal rights to share it anymore, they can't republish it anymore and need to make a new deal with bob.

Ffs, there are reasons why Nintendo doesn't throw around with Roms and Emulators. They still have to protect the rights from the original creators.

Tldr;
People made shit for money, if you have a problem they make use of there rights, go beat someone up and look how it will workout for you.


Goood sometimes this page....


EDIT: Oh and the high amount to pay. Probably calculated by downloads per rom * rom price and some other things. His own fault. He knew what he was doing. So don't say it is Nintendos fault.

Nah fuck nintendo
 
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ShadowOne333

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What do you mean time to? Only an idiot would host a romsite in america, running payment processing and advertising through america as well (or any european country as well).

The crap he installed on your pc was another nail in his coffin for me.

China may not be a good target though, they have introduced IP laws to maintain trade deals with the west.
Yeah with that I agree.
He was pretty naive to host everything in the US, he should have hosted it somewhere else in Asia and behind proper security for the web.
 

dmace81

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Jesus christ! I can just see it now they will start paying Internet providers to search out people who download roms and fine them!
 

supersonicwaffle

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For the people that say there is no benefit on old games, why then does Nintendo go through all this legal trouble fighting it?

There's a problem where if Nintendo were to tolerate the redistribution of its games while it can be assumed they know about it, that they may lose an argument in court because a certain amount of trust has been establish that Nintendo tolerates these practices.

They basically have to at least symbolically show that they're fighting against it.
 
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