Now-defunct RomUniverse was ordered to destroy all of its pirated Nintendo games after a $2.1 million lawsuit
Not only has a federal court in California ordered the now-defunct RomUniverse to destroy all of its pirated Nintendo games, it also filed an injunction ensuring the site will not be allowed to come back online.
As reported by TorrentFreak, These new orders follow Nintendo’s victory in the lawsuit against ROM hosting site RomUniverse, which was seeking damages for copyright infringement and federal trademark infringement. While the court originally ordered RomUniverse to pay Nintendo $2.1 million in damages, the penalty has now become more severe.
In May 2021, the court granted this $2.1 million summary judgment against RomUniverse operator Matthew Storman, but Nintendo was denied a permanent injunction that would ban the site from remaining online. One of the reasons had to do with Storman taking down the site, and the court saw this as a sign that there would be no future infringements.
However, Nintendo asked the court to reconsider, especially after Storman hinted that RomUniverse might have a potential return.
“Plaintiff’s evidence demonstrates a threat of continuing infringement based on Defendant’s representations that it can relaunch its website which previously contained Plaintiff’s copyrighted games. Accordingly, Plaintiff demonstrates irreparable harm substantiating an injunction for Plaintiff’s copyright infringement claim,” The court said.
This injunction prohibits the operator of RomUniverse from “copying, distributing, selling or even playing unauthorized copies of Nintendo games”. It is also prohibited to use Nintendo’s trademarks, logos or names in a “confusing” manner.
Finally, Judge Consuelo B. Marshall ordered Storman to destroy all pirated Nintendo games by August 17, 2021.
“Defendant must permanently destroy all unauthorized Nintendo games or other unauthorized copies of Nintendo’s intellectual property, including movies, books, and music by August 17, 2021; and Defendant must file a statement, under penalty of perjury, to the court certifying compliance with these terms no later than August 20, 2021,” the court wrote.
This is another example of Nintendo’s efforts to stop these ROM hosting sites from pirating its games, and follows another win that awarded Nintendo $12 million over two other sites.
Any advice to give us? Want to discuss a possible story? Please send an e-mail to [email protected].