Login

Nintendo files lawsuit against two ROM sites, asking for closure and major compensation

Nintendo is continuing their efforts to squash piracy issues, and this time they're going after two sites known for providing ROMs. Nintendo has filed lawsuit against both LoveROMs and LoveRetro, sites that provide access to tons of Nintendo titles across various platforms. The sites are illegally hosting/distributing ROMs for Nintendo games, and Nintendo wants this to stop immediately.

“The LoveROMs and LoveRETRO websites are among the most open and notorious online hubs for pirated video games. Through the LoveROMs and LoveRETRO websites, Defendants reproduce, distribute, publicly perform and display a staggering number of unauthorized copies of Nintendo’s video games, all without Nintendo’s permission. Defendants are not casual gamers but are instead sophisticated parties with extensive knowledge of Nintendo’s intellectual property and the video game industry more generally.”

Nintendo is looking for $150,000 per infringing Nintendo game and up to $2,000,000 for each trademark infringement. Nintendo has also requested a permanent injunction ordering the sites to stop their infringing activities, and turning over the domain names. Finally, Nintendo also wants to know the sources behind the ROMs.

Categories: Consoles, Portables

Comments

Top Rated Comment
Sat Jul 21 18 11:18am
Rating: 6 (Updated 3 times)

Maybe they’re not equivalent, but it’s still someone getting to play their devs’ hard work, IP, and investment for free. Super lame people think they are entitled to free games. Try using the “but I wasn’t going to buy it anyways” line after you’re caught stealing something from a store. It’s the same damn thing. Just because people can do so anonymously over the Internet doesn’t change the fact that it is stealing someone else’s property.

The sites not being able to pay is the whole point of lawsuits like these; hiring legal representation is expensive enough, they will be forced to close.

Wow! That IS pretty harsh.

socar
Sat Jul 21 18 10:57am
Rating: 1

To the pirates or to Nintendo? Either way, company has to do what it has to do to protect their property and jobs.

To the pirates, of course. And of course they have to and this, as harsh as it is, should be a good example for other pirates. My comment was positively meant ;)

Lame. There are better ROM sites, but still it's pretty fucked up to deliver such a huge blow to those two sites. There's no way they could honesty pay that money back to Nintendo. Digital copy =/= lost sale and no study has proved otherwise.

Sat Jul 21 18 11:18am
Rating: 6 (Updated 3 times)

Maybe they’re not equivalent, but it’s still someone getting to play their devs’ hard work, IP, and investment for free. Super lame people think they are entitled to free games. Try using the “but I wasn’t going to buy it anyways” line after you’re caught stealing something from a store. It’s the same damn thing. Just because people can do so anonymously over the Internet doesn’t change the fact that it is stealing someone else’s property.

The sites not being able to pay is the whole point of lawsuits like these; hiring legal representation is expensive enough, they will be forced to close.

wwwarea
Sat Jul 21 18 03:31pm
Rating: 1

Wow, I'm gonna have to disagree. The IP argument has always been irrational and unrealistic since the beginning.
One: There is ACTUAL evidence of some game downloading has actually effect sales in a good way.
Two: Sueing 150'000 for one game when a game cost 30-60 is unfair because it doesn't fit.
Three: Information isn't real property, the delusion of IP does not mean you are somehow losing a sale when it comes to old Nintendo games that can't be found in stores anymore. Especially when a game doesn't exist at all in store.
Forth: Some people already own a Nintendo game they download.

This whole "Butz property!" thing just isn't a good argument.

But I do think Nintendo should discourage piracy by desire. Taking away VC, and using pay to play forever with no option to buy the game is just bad.

mariostarn
Sat Jul 21 18 03:56pm
Rating: 3 (Updated 1 time)

1)It's Copyright infrigement
2)It's illegal
3)It's within companies' legal right to protect their copyright

Those three factors are inarguable, and where this discussion should end. Regardless of whatever moral argument people want to use to defend piracy, they knew what risks could happen hosting that kind of material especially knowing Nintendo is probably the most overprotective company of their intellectual property next to Disney.

Sueing 150'000 for one game when a game cost 30-60 is unfair because it doesn't fit.

If said game was downloaded 5000 times then it’s more than fair.

Yeah sorry I forgot, some reason I was thinking more about the act of downloading a Nintendo ROM and only if it really does hurt a sale.

wwwarea
Sat Jul 21 18 06:48pm
(Updated 2 times)

Those 3 arguments aren't realistic for this much. Neither do they have to take it down since they don't lose Copyrights. They also do not need to ruin other people's lives especially since Nintendo is fine.
Trademark is another story though. If it's Trademark infringement, then I guess they have to stop the infringement.

And it's bad that they are bad as Disney. They might be worse actually.

Edit sorry this was meant to be a reply to another reply.

It's not like they're losing revenue, and they do not care whether it's some random guy with no money or a group of people. It's to make an example of others.
The message they are trying to convey is basically "don't play with fire if you don't want to get burned"

You may or may not think this is the right thing to do, but the legal aspect is unquestionable. Don't break the law if you don't wanna get sued.

Yet, they don't have to sue. Just because that's legal doesn't mean it's morally right.

I’m well aware of the evidence and case studies you’re referencing— it’s great, but how does that have anything to with the legality of stealing music or games or a candy bar from the store? You’re acting like millions of copies haven’t been downloaded illegally off those sites. At least be fair if you’re going to cite numbers. And because all those Mario and Zelda titles weren’t available on Wii U, 3DS, NES/SNES Classic, etc.? Just because some “aren’t available in store” doesn’t mean it’s okay to download them free of charge. Who knows what the future holds for VC and their services and those games.

I think it’s awesome Nintendo is stepping in and showing their developers and investors that they will do what it takes to protect their characters and creations.

Because I don't think downloading Nintendo ROMs should be compared to ACTUAL taking.
Especially when it comes to certain downloading of some Nintendo DS games BOOSTING sales.

Yes who knows, but still, they may never sale them too. Plus a "rental system" is not gonna solve the sense of owning the games. I don't think it's "awesome" for a company to hurt other people. Nintendo wasn't hurt in this case too.

otimus
Sat Jul 21 18 05:14pm
Rating: 1

It's not the same thing at all. There are no real world equivalents for piracy until we get like.. Star Trek replicators. It's like going in to a store and replicating something off the shelf! That's what piracy is like.

I'm not saying it's right. It's pretty bad, and clearly illegal. But it's not theft. Because nothing is taken. Instead, rights are violated. Saying "theft" doesn't make it sound worse, which is why I think people like this argument, but to me, saying someone's rights were violated sounds WAY worse than theft, and people need to start using that as the attack against piracy.

If replicators like what you describe exist, where you can recreate something on a molecular or atomic level, I don't even think "stores" in the current sense would even need to exist anymore.

The value of gold and oil will drop to nothing, and the whole world economy would be so screwed up. If you can just take any air or dirt or garbage and retune the atoms into "valuable" substances, then they are no longer valuable based on scarcity or the difficulty to obtain them, and the concept of money (if still based around the value of gold or oil) becomes useless. Then the true worth of something is how much mass it has (regardless of what it is), or the time it takes to download the schematics of the object you are replicating.

I guess your example is just that, an example...

But Copyright isn't a human right. It's just a limited right for certain money reasons.
Those shouldn't be compared to human rights.

gloop
Sat Jul 21 18 11:17am
Rating: 1

Sounds like they're making examples of these sites.

It’ll be great when Nintendo shuts down these sites and completely eradicates ROMs from the internet forever. </sarcasm>

If it wasn’t for ROMs Nintendo wouldn’t have been able to use a ROM they pulled from the Internet in order to package Super Mario Bros. for the VC. It still had the iNES emulator headers on the file 😂

medisti
Sat Jul 21 18 12:04pm
Rating: 3

I read a thing about why that was actually not true. But it doesn't matter anyway. They own the code, so they can download it if they want. People who don't own it are thieves, plain and simple.

I agree piracy is bad, I was just being sarcastic that Nintendo’s efforts won’t stop it in the slightest.

I hadn’t read any contradiction about them using a ROM but yeah it is their code so who cares Smile

Bootleg copy =/= lost sale and no study has proved otherwise.

Good, and I hope they continue to squash ROM distribution sites like this.

One good thing about ROMs being out there is for the preservation of those games.

As some have pointed out, even the developers/publishers of some games have lost their code. Also for licensing reasons some games can never be re-released.

For the pure preservation of the media I hope ROMs are never fully eradicated from the Internet.

When it comes then to digital only games it becomes impossible to obtain certain games once the systems shop is shut down. Not that that justifies piracy, but it is a problem that needs solving, again for the preservation of those games.

I myself have downloaded an archive of (almost) every NES, SNES, N64, GB, GBC and GBA games.
I’m not doing anything with them other than they are stored on my backup NAS for preservations sake. Why? Because there is no official body preserving video games and I don’t want parts of the gaming industry to simply disappear.

heerocobain
Sat Jul 21 18 02:02pm
Rating: 2

Squashing rom sites doesn't do good for anyone. If a game is easily available for purchase people are going to pay money for it, as others alluded to downloading roms =/= lost sales. Using Mother 3 as an example; Nintendo are losing sales because they refuse to give it a global release, not because people download a rom and patch it into their native language.

I'm probably in a minority in that I will and have used downloads to gauge whether or not I should buy some retro title; but the sad reality is, the hackers who make sites like that possible are the best tool/resource we have in preserving and archiving the games industry as a whole.

caspulex
Sat Jul 21 18 02:45pm
Rating: 1

When I was a kid, I just wanted to download ROMs to play the games I didn’t get to, or couldn’t anymore.

Now I see them as a valuable way to preserve gaming history. Cartridges won’t last forever.

With ROMs, we can ensure that data is safe and able to be experienced by future generations. We can get prototypes and learn about canned releases of english games like Final Fantasy 2 and MOTHER, or canceled games like Star Fox 2. We can play games that would literally be lost to time, like the Satellaview Zelda remake and Excitebike with Mario characters.

And don’t give me “but developers have the code and can rerelease it!” This is true, but even games have had their source code completely lost. Capcom lost the five Game Boy Mega Man games. Square-Enix lost the original Kingdom Hearts and had to write Final Mix from scratch. Taito lost Bubble Bobble, Capcom lost all SF2Turbos before Dreamcast...And SEGA even lost Sonic the Hedgehog’s source!

heerocobain
Sat Jul 21 18 07:03pm
Rating: 1

With ROMs, we can ensure that data is safe and able to be experienced by future generations. We can get prototypes and learn about canned releases of english games like Final Fantasy 2 and MOTHER, or canceled games like Star Fox 2. We can play games that would literally be lost to time, like the Satellaview Zelda remake and Excitebike with Mario characters.

The idea that some games may be lost forever is pretty scary. I don't follow the PS4 homebrew scene but the idea that PT is even now limited to the lifespan of a PS4 or the hard drive containing it is not a thing future gens should have to worry about.

Well, thankfully, PT is backed up in file form now, and with homebrew installed on the PS4 can be reinstalled if it was lost but activated on the PS4.

Getting it running on any PS4 will involve breaking the encryption, but at least we have the data now.

They were based in Arizona? Oh wow you'd think people living in the US would know better than to base a site such as that on US soil, most pirating sites are at least smart enough to base themselves in countries where copyright and trademark laws are more lax.

Want to join this discussion?

You should like, totally log in or sign up!