Back in May, Nintendo successfully took down ROMUniverse, a ROM-focused site owned by Matthew Storman. At the same time, the gaming giant won a $2.1 million settlement against the site. During that period, the two sides came to an agreement, with the site shutdown only being part of it. The second part was that Mr. Storman pay the $2.1 million in $50 installments. It looks as though the ROM uploader hasn't followed through with the payments, even though it was his suggestion.
It's worth noting that the shutdown wasn't a permanent one. The lack of permanence stems from the gaming giant not showing that it had suffered "reasonable harm" because of the website. As such, Matthew Storman could bring it back at any point. Given that he hasn't paid any of the agreed montly payments, Nintendo now want a permanent injunction to prevent ROMUniverse from coming back.
As the application notes, Nintendo believes that the website being relaunched may be inevitable. The company also claims that Mr. Storman told his lawyer that he would be bringing the website back. As the injunction application notes:
“Thus, Defendant’s threat to continue to operate ROMUniverse to distribute videogame ROMs, using the same website he used for the past several years to mass-infringe Nintendo’s copyright and trademark rights, necessitates the entry of an injunction."
The company also addressed Matthew Storman's failure to pay $50 a month in recompence, which he himself suggested. At the time, he claimed that he was unemployed and unable to pay any more. In the injunction application highlights:
“This failure to make even the modest $50/month payment, an amount that he proposed and agreed to, demonstrates that Nintendo has no adequate remedy at law for Defendant’s past or future infringement and underscores the need for a permanent injunction."
Whether or not Nintendo is able to stop ROMUniverse's potential relaunch remains to be seen.
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