Nintendo 'wins' £9.3m from ROM-hosting sites for copyright infringement

Mamma-Mia

The most shocking part of the settlement is that they've agreed to pay out over $12 million in damages. According to the document, each party will pay its own costs and attorneys' fees. The two parties in the lawsuit have reached a settlement, and though Nintendo won't be taking home as much as it was originally seeking, it's still receiving a not-insignificant amount of money. "Through the websites, the defendants reproduce, distribute, publicly perform and display a staggering number of unauthorized copies of Nintendo's video games, all without Nintendo's permission". Nintendo and the married couple have been involved in settlement discussions, and now it appears they're one step closer to bringing the legal drama to a close.

Additionally, the parties have agreed to a permanent injunction, meaning the couple can't infringe on Nintendo's copyrights again in the future.

Nintendo of America initially filed the lawsuit on July 19 against only Jacob Mathias and Mathias Designs, LLC. The suit was filed for counts of copyright infringement, trademark infringement, and unfair competition.

Although the star power of Nintendo's classic titles unquestionably drew huge traffic, LoveROMS.com and other hosts also have represented the chief online archive for many older games that, thanks to defunct gaming systems, lapsed licenses, out-of-business publishers, and other factors, run the risk of being lost to history. Nintendo also accused the defendants of using registered Nintendo trademarks, including logos and characters. Nearly immediately, those sites were taken down as Nintendo sought damages that could have potentially totaled as much as $100 million. The site's library included games for Nintendo devices as well as other consoles, such as PlayStation and Atari.

But it's not just the ROMs the couple used.

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