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Nintendo Demands RomUniverse Destroys All Copies Of Its Games, Courts Agree

Nintendo has demanded that RomUniverse destrorys any and all copies of its "illegally" hosted games.
by Luke Luby on August 16, 2021   

The Nintendo vs. RomUniverse saga continues, with the publisher asking for, and receiving, a court injunction demanding that the ROM site "permanently destroy" all copies of its games. The site, which the gaming company had previously taken to court to shut it down, was initially told to pay the gaming giant $2.1 million. As the injunction notes, site owner Matthew Storman has yet to make any legally-mandated payments.

A judge in California initially refused an injunction against Mr. Storman in light of an agreement that he had come to with the publisher. As he hadn't made any payments, however, the judge had no choice but to grant the appeal. As was noted in the judgement:

“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."

When the judgement was being made, the publisher also convinced the judge that ROMUniverse could be resurrected unless Matthew Storman permanently deleted all of his game copies. That could result in further harm, according to a filing. As the filing continues:

“Plaintiff’s evidence demonstrates a threat of continued infringement based on Defendant’s representations that he may relaunch his website which previously contained Plaintiff’s copyrighted games. Accordingly, Plaintiff demonstrates irreparable harm warranting an injunction for Plaintiff’s copyright infringement claim.”

As Nintendo also said at the time of the filing:

“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."

ROMUniverse has until August 17 to permanently delete all of his copies of Nintendo's games. Court records show that Matthew Storman will be under "penalty of perjury" if this doesn't happen.

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