Nintendo Switch
Photo: Alvaro Reyes/Unsplash / Tecnoblog
–
–
Nintendo fears that the RomUniverse get back to work
In the decision, the judge responsible for the case ordered Stormam to pay the million dollar compensation and delete all material from the RomUniverse. However, the Court denied Nintendo’s request to apply a “permanent injunction” — or permanent injunction, in free translation.
An injunction is a court order under US law that obliges or prohibits the defendant from performing certain activities, such as creating new websites with copyrighted material, for example. Thus, Storman would be prevented from resuming the activities of the RomUniverse, even using another name in the portal.
In the process, Nintendo pointed out that Storman had already broken other court orders and, therefore, would need to be stopped. Before being sentenced to bear the US$2.1 million in damages, the owner of RomUniverse was required to pay a monthly fine of US$50 (R$253). However, this money never appeared.
The defendant’s threat to continue the operations of the RomUniverse to distribute game ROMs, with the same website used in recent years to massively infringe Nintendo’s copyright and trademark, requires an injunction. Failure to pay the $50 monthly fine, which he proposed and agreed to, demonstrates that Nintendo has no adequate legal remedy for the defendant’s past or future violations and underscores the need for a permanent injunction.
Nintendo, in a statement to the Federal Court of California.
Storman contested the $2.1 million indemnity
Meanwhile, the founder of RomUniverse he challenged the judgment, saying the Court erred in awarding the $2.1 million damages to him. Storman claimed that Nintendo suffered no actual damages and even questioned whether the company had copyrighted the games before filing the suit.
The judge has yet to decide which of the two parties is right. So far, the RomUniverse remains disabled.
With information: TorrentFreak.
Nintendo asks for judicial protection so that ROM site does not return
–
