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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smf

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What sort of argument are you trying to make here and to what end exactly?

Debunking your statement.

"how can they prove that the downloaders ever had any intention to purchase each and every one of those video games anyhow?"

They don't have to prove it, in the same way they don't have to prove the victim in a murder trial would have lived anyway.

It's enough that you had the intention to violate nintendos rights in the course of operating a business.
 
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CrashMidnick

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That is so stupid. You are pissed because Nintendo are protecting their own old games against piracy? Seriously?

No, because there were not only Nintendo roms on those sites... Other companies are not doing that, only Nintendo does. Shame on them. I am pretty sure that they downloaded roms from this site to build their nes and SNES classic mini lol.
On top of that, emulation is not all about piracy. It is also keeping alive old games to be able to show them to our kids.

Nintendo is stupid, your comment too.
 
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smf

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Pirating *old* games wouldn't be a problem if Nintendo would just sell all of 'em for like $0.05 or somewhere around that range.

If Lambourghini sold their cars for $50 then nobody would steal them.

Nintendo have higher costs than some guy setting up a rom site.

a (slightly) more reasonable approach would have been to take a % of his earnings

What would you consider the right %? From the point of justice it surely has to be 100%.

Until we have access to his accounts, I'm going to assume that he made enough money to be able to afford to pay the $12 million.

Nobody is going to lend him $12 million (go on, see how hard it is to borrow that much money). So if he doesn't have it then he'll be going bankrupt pretty soon & not paying it anyway.

Just to set the record straight:

Piracy = illicit duplication of something copyrighted
Theft = the physical/forcible removal of an object, i. e taken by force

No, Piracy is "the practice of attacking and robbing ships at sea."

You can't just use the dictionary definition of Theft but then use a different definition of Piracy as a basis for your argument about how they aren't the same thing.

You are depriving the copyright holder of their exclusive right to control copies, that is what you are stealing. The whole "you can't download a car" is just a stupid argument made by people who want to break the law.

Other companies are not doing that, only Nintendo does. Shame on them.

Not all women report being raped either, does that mean the ones that do should be ignored?

I am pretty sure that they downloaded roms from this site to build their nes and SNES classic mini lol.

So? It's legally ok for them to do it as they have the ability to authorise the copies that are downloaded.

On top of that, emulation is not all about piracy. It is also keeping alive old games to be able to show them to our kids.

You are perfectly within your rights to buy old consoles and games to show to your kids.

Or do you mean "Look kids, this is how we used to violate copyright law in the old days".
 
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Bladexdsl

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Until we have access to his accounts, I'm going to assume that he made enough money to be able to afford to pay the $12 million.
of course he can these ROM SITES make a fucking fortune from advertising, affiliates and donations and/or subsctiptions. you think they just do this for a hobby? don't think so they're in it for one reason $ :P
 
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eyeliner

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If they settled, it's because he can pay, maybe?
I'm glad i'm pirating on the Switch. This is uncalled for.
At a time the videogame market is the greatest economy worldwide, this is an act of greed.
 
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CrashMidnick

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Not all women report being raped either, does that mean the ones that do should be ignored?

Strange comparison...

So? It's legally ok for them to do it as they have the ability to authorise the copies that are downloaded.

If they close all rom sites, where can I download roms of games that I own ?


You are perfectly within your rights to buy old consoles and games to show to your kids.

Or do you mean "Look kids, this is how we used to violate copyright law in the old days".

Lol, and when we will not be able to connect those consoles to modern devices, what would you do ? Look at them on shelves ?

I am pretty sure that I can find in your house plenty of examples to say the thing to your kids.
 

Reecey

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Is it even possible to have 12 million dollars without being Bill Gates ???
Cause it is, if you own a successful business then turning over 4 million “3 mill per annum in pound sterling” it’s quite possible. He might have the collateral tied in buildings houses development etc.. he might have to sell of assets to pay for the damages. I doubt very much they will pay it, they will probably file for bankruptcy go into liquidation.
 
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geodeath

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Nintendo, the only company in the world that prefers making money from settlements, than actually making games for a huge back catalog of IPs they own. If you count their releases and lawsuits, there are more busy in the legal side than the hardware or software side.
 
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Phenj

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"hurr durr, Nintendo is doing a good thing!!"
ok libtard, you are free to pay 60$ for 30yo old games, and I'm free to use coolcool sites and play those games for free
 
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smf

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Strange comparison...

Pick any crime which generally goes unreported. They all make your argument look weird.

If they close all rom sites, where can I download roms of games that I own ?

You don't have the legal right to do that. You can back the cartridges up that you own.

Lol, and when we will not be able to connect those consoles to modern devices, what would you do ? Look at them on shelves ?

Buy a converter.

"hurr durr, Nintendo is doing a good thing!!"
ok libtard, you are free to pay 60$ for 30yo old games, and I'm free to use coolcool sites and play those games for free

And people are free to kill you. Free will is great huh? No need for any laws at all ever.
 
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VitaType

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Fuck Nintendo.
As a matter effect I’ll always buy their console illegally so they loose money and never buy a game from them.
And because you saw exactly this comeing you already begun with this practice of "buying there console illegal and never buy a game from them" many many years ago? Sure ;)
What should that even mean that you "buy their console illegally"?
 
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XDel

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Debunking your statement.

"how can they prove that the downloaders ever had any intention to purchase each and every one of those video games anyhow?"

They don't have to prove it, in the same way they don't have to prove the victim in a murder trial would have lived anyway.

It's enough that you had the intention to violate nintendos rights in the course of operating a business.

Well no, everyone dies some time so eventually they would have died anyhow, via nature or what have you, rather than as a result of suicide, or being caught in the middle of a war.

And again, the freaking war zones man. These rare minerals and what have you don't just spring out of utopias. There are always two reasons behind conquest and warefare. Trade routes, and lucrative resources. So what ever humanitarian movies these companies and the countries that support them may be spewing, they are knee deep in blood money and have not right to ruin a couple of guy's lives over some stupid cartoon characters and games that aren't even being sold any more anyhow, and in regards to those roms that are...
...well you certainly can't tell me that Nintendo has been relying upon Super Mario Bros. 3 sales, to bring in the millions.
 
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supersonicwaffle

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You are perfectly within your rights to buy old consoles and games to show to your kids.

You're also perfectly within your rights to dump a cart and run it in an emulator. This is really a seperate issue.

Of course nintendo is well within it's rights to stop the distribution of their copyrighted material.
On the other hand, it doesn't change anything. You won't be able to censor the internet or make roms inaccessible.

Let's face it, the reason people pirate retro games is that for a lot of them it's just a superior experience compared to the original or even commercial emulators. Loading different games is easy, it won't take up space, you get save states, you get visual improvements with shaders, you can play the games online. People have also shown a willingness to put money towards emulator development on Patreon for example.

If you have a legit interest in combating piracy then maybe start by giving the consumers of your content a non sub-par experience if they purchase games through official channels. Nintendo had every opportunity to put a wifi module into the NES or SNES classic and sell a Netflix like subscription with it, that would've been a good start.
 

smf

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On the other hand, it doesn't change anything. You won't be able to censor the internet or make roms inaccessible.

Right, so I'm not sure why the SJW are so anti Nintendo because of it. They just took down someone who was making money out of it.

...well you certainly can't tell me that Nintendo has been relying upon Super Mario Bros. 3 sales, to bring in the millions.

How is that relevant? Maybe next year they would make money out of it? As the copyright owner they legally have the choice to do it.

You might not like that, but a world without copyright law would be much worse.

Well no, everyone dies some time so eventually they would have died anyhow, via nature or what have you, rather than as a result of suicide, or being caught in the middle of a war.

Or the example I gave, which was murder. So everyone is going to die anyway, so murder should be fine? Is that what you're saying?
 
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CrashMidnick

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Right, so I'm not sure why the SJW are so anti Nintendo because of it. They just took down someone who was making money out of it.



How is that relevant? Maybe next year they would make money out of it? As the copyright owner they legally have the choice to do it.

You might not like that, but a world without copyright law would be much worse.



Or the example I gave, which was murder. So everyone is going to die anyway, so murder should be fine? Is that what you're saying?

Ok we understood your point of view, no need to answer billion times the same things. You are becoming the SJW.

Everybody knows that they try to protect their copyrights, and of course I would do the same. But to me, what they are doing is bad. They should have sold an emulator for the price (70€) of a standard game that allow people to add Roms.

I bought F-zero x on my N64, then on the wii eshop, then on the Wii U eshop. How many Time I will pay for that game ?
 

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