In the past Nintendo have been issuing take down notices and cease-and-desist letters to sites that hosted ROMs of classic Nintendo games. However, they are now taking a a harder line and have issued a lawsuit against LoveROMs and LoveRetro, stating “brazen and mass-scale infringement of Nintendo’s intellectual property rights”.
“The LoveROMs and LoveRETRO websites are among the most open and notorious online hubs for pirated video games,” stated Nintendo. “Through the LoveROMs and LoveRETRO websites, Defendants reproduce, distribute, publicly perform and display a staggering number of unauthorized copies of Nintendo’s video games, all without Nintendo’s permission.”
LoveRETRO has already shut down and LoveROMS has pulled all Nintendo titles, but that won’t stop the lawsuit. Nintendo has asked for $150,000 per Nintendo game and up to $2,000,000 for each trademark infringement, which means the sites, both of which run by Jacob Mathias via his company Mathias Designs LLC, could have to pay out over $100 million.
Nintendo seem to be targeting the sites as they see them as pirate organisations profiting from bootlegged Nintendo games, rather than being fan sites which they are more lenient with.