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Nintendo has steamrolled through another site responsible for hosting pirated ROMs. The Paris Court of Appeals has ruled against Dstorage saying it was responsible for failing to remove or block access to pirated copies of Nintendo games. These games were distributed through a website 1fichier.com.
The case has been in court for some time already. Dstorage was served with a verdict back in March 2021. The Paris Judicial Court ruled on the matter but the piracy website appealed the ruling. However, its appeal wasn’t granted and in fact, resulted in more legal expenses it had to pay to Nintendo. Dstorage does have the option to appeal this ruling again but it doesn’t seem like a wise choice.
The Paris Court of Appeals ruled that Dstorage has to pay Nintendo $484,000 in compensation plus an additional $22,000 in legal expenses. The court says:
“Nintendo is pleased with the decision of the Paris Court of Appeals, as it again sends a clear message that in refusing to remove or withdraw access to unauthorised copies of video games despite prior notification, sharehosting services such as Dstorage (1fichier) are liable under French law and must remove or block access to such content and may be liable to pay compensation to those rights holders whose intellectual property rights have been infringed”.
The court has also issued a warning to piracy websites saying that this ruling should be seen as a cautionary tale for those who refuse to remove ROM and pirated content following copyright infringement notices.
“The Court’s finding of liability against Dstorage is significant not only for Nintendo, but also for the entire games industry. It will prevent sharehosters like 1Fichier from claiming that a prior decision from a court will be needed before pirated content has to be taken down, and additionally the Court decision confirms what rights holders have to give notice of when claiming that notified content infringes copyright or trademark rights.”
Nintendo has constantly been in court with ROM websites over piracy. In 2021, the company won a landmark case against RomUniverse that saw them walk away with $2.1 million in damages. The site was found guilty of hosting Switch ROMs.
Marco is the owner and founder of GLITCHED. South Africa’s largest gaming and pop culture website. GLITCHED quickly established itself with tech and gaming enthusiasts with on-point opinions, quick coverage of breaking events and unbiased reviews across its website, social platforms, and YouTube channel.
