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Nintendo files copyright infringement lawsuit against two console ROM websites

LoveROMs and LoveRETRO are “among the most open and notorious online hubs for pirated video games" says platform holder

Nintendo of America has filed a lawsuit worth millions of dollars against the operator of console ROM sites LoveROMs.com and LoveRETRO.co.

Both sites are allegedly operated by Jacob Mathias and Mathias Designs LLC, and host thousands of games for download to be played on emulators or online for free.

Nintendo titles feature heavily in the most popular games and, according to the filing, have been collectively downloaded more than 60 million times from the LoveROMs website which receives 17 million visitors each month.

The company argues that LoveROMs and LoveRETRO are "among the most open and notorious online hubs for pirated video games".

Filed in an Arizona district court, and unearthed by TorrentFreak, the lawsuit cites three causes of action against the defendants: copyright infringement, trademark infringement, and unfair competition.

According to the filing, the defendants provide public access to "a vast library of unauthorised copies of video games... without limitation" which "infringes and threatens irreparable injury to Nintendo's intellectual property rights".

Nintendo of America is now seeking damages worth up to $150,000 for the infringement of each its copyrighted works, and up to $2 million for the infringement of each its trademarks.

While TorrentFreak estimates the potential damages to be worth up to $100 million, the amount will not be revealed until the trial.

Along with monetary compensation, Nintendo is also seeking the complete dismantling of the websites in question, with ownership of the domain names being transferred to the platform holder.

"Nintendo has been and continues to be damaged by defendants' wrongful acts in a manner that cannot be fully measured or compensated in economic terms, and Nintendo has no adequate remedy at law," reads the filing. "Defendants' acts have damaged, and threaten to continue to damage, Nintendo's reputation and goodwill."

LoveRETRO has since been taken offline, and all Nintendo titles have been removed from LoveROM.

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Ivy Taylor avatar

Ivy Taylor

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Ivy joined GamesIndustry.biz in 2017 having previously worked as a regional journalist, and a political campaigns manager before that. They are also one of the UK's foremost Sonic the Hedgehog apologists.

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