TL; DR: After winning a lengthy legal battle against Matthew Storman in May, Nintendo is seeking a permanent injunction against its site, RomUniverse, because they believe its failure to pay the first $ 50 of its $ 2.1 million debt shows that does not respect the law.
In 2019, Nintendo sued Storman as the owner of RomUniverse, a site that was allegedly illegally distributing copyrighted Nintendo games. Storman chose to represent himself. The California Federal Court ultimately awarded Nintendo $ 35,000 for each of its 49 games available on the site and an additional $ 400,000 in trademark damages.
According to himself, at the time of his deposition, Storman’s only source of income was “unemployment and food stamps.” Before closing as part of a deal with Nintendo last year, RomUniverse was generating around $ 800 per month.
Nintendo has already filed an injunction against the operation of Storman’s RomUniverse, which would prevent it from relaunching the site. But their request was denied because they failed to show that the site had caused them irreparable harm, which is a legal requirement, and because it was already offline.
However, Nintendo’s lawyers now claim that in a recent phone call with Storman, he did not deny the possibility of relaunching the site in some legal way. Nintendo’s lawyers argue that because it has not made the first payment of $ 50 on its $ 2.1 million debt, the threat of further financial consequences may not be a disincentive for further copyright infringement.
“This failure to pay even the modest payment of $ 50 a month, an amount that he proposed and agreed to, demonstrates that Nintendo does not have an adequate remedy by law for the defendant’s past or future violation and underscores the need for a permanent injunction.” Nintendo’s lawyers said. to write.
It would take Storman 3,525 years to pay his $ 2.115 million debt at the rate of $ 50 per month the Court ordered.
Image Credit: Claudio Luiz Castro