In a trial in which Nintendo of the United States was suing the operator of a pirated ROM data distribution site, it was reported that the operator was ordered to destroy all pirated games with a permanent suspension of the site.
The proceeding was originally triggered by a trial filed by Nintendo against the pirated ROM site Rom Universe. According to the complaint, the site, which had a membership system of $ 30 a year, downloaded games for Switch nearly 300,000 times and games for 3DS more than 500,000 times.
Rom Universe operator Matthew Storman stood in court without hiring a lawyer and was eventually defeated and ordered to pay $ 2.115,000 in damages.
Although Nintendo’s complaint was largely granted in the ruling, the judge dismissed Storman’s request for a permanent injunction, saying he could not prove that Nintendo suffered irreparable damage. Since Storman had already shut down the site, it was determined that there was no imminent threat of further infringement.
Storman claimed he was unemployed, so he said he could pay about $ 2.1 million in damages in installments of $ 50 each month for the next 3,500 years. However, as soon as Nintendo filed a new lawsuit seeking a permanent injunction, saying that he had neglected to pay the first payment and did not put in $ 50.
As a result of the judge’s examination of the matter again, it was determined that there was sufficient reason to issue an injunction. In a statement issued last week, “Plaintiff (Nintendo) evidence of continued infringement is based on defendant’s statement that it may reopen the website that posted the plaintiff’s copyrighted game. It presents a threat, so plaintiffs have proven irreparable damage justifying an injunction against a copyright infringement claim. “
Storman said a restart would be possible without the Nintendo title, but the court ruled that the injunction was appropriate, saying Nintendo could still suffer “irreparable damage.” doing. The injunction explicitly prohibits Storman from copying, distributing, selling, or even playing Nintendo games without permission, and uses Nintendo’s trademarks, logos, and names in “misleading” ways. Is also disallowed.
Finally, the sentence states, “By August 17, 2021, Defendant will permanently destroy all unapproved Nintendo games or other unapproved copies of Nintendo’s intellectual property, including movies, books and music. It must be done. “
The $ 50 monthly installment isn’t gone after this order, so Stoman is likely to continue paying for one game (as long as he lives) for the next 3500 years.