Judge says RomUniverse site owner must delete all pirated content following permanent injunction

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Warez-hosting ROMsite RomUniverse finds itself back in the headlines, after a change to the ruling of a court case that wrapped up earlier this year. In 2019, Nintendo and its legal time brought up a lawsuit against the owner of RomUniverse, Mathew Storman. When faced with charges, Storman decided to defend himself in court, without a laywer, claiming innocence for the uploading of ROMs to his website, only for lawyers to prove he did indeed upload illegal content, as well as knowingly allowed others to upload such files. This May, a judge ruled that Storman owed Nintendo $2.1 million dollars for damages, though while Nintendo sought a permanent injunction against Storman, the judge denied this, as there was no proof that RomUniverse had caused "irreparable harm". .

Now, however, that has changed. In the past month, Storman has made claims that he might possibly want to bring his ROM website back online, although with the caveat that it would lack all Nintendo-related titles. Following this, it was submitted to the court, where the judge reversed his decision and hit Storman and RomUniverse with a permanent injunction, under the belief that with the possible revival of the copyright-infringing site, Nintendo could be at harm of further damage.

Storman has been ordered to destroy all illegal copies of Nintendo games, movies, books, music, and other illegally obtained files featuring Nintendo's IPs. The defendant has until August 17th to delete the offending content and comply.

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JuanMena

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In México its allowed to make your own backups,Other nations like USA or some parts of Europe for me its a unknown knowledge. So maybe you are right i dont know in which nation you live and the legal part of it.
I think Copyright laws outside of our country, aren't the same everywhere else.
My knowledge on intellectual property outside drawing/painting is beyond me... so I can't tell if:
  • Mexico's copyright laws invalidates other nation's laws.
  • Other nations copyright laws are applied the same regardless of where the infraction was done.
 

Noctosphere

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The terms of use its trash here in México. We have a legal way to backup our software and nintendo cant demand it . It doesnt matter it the instructtion booklet say you cant do circunvent bla bla. We have here a Constitution and Laws ,and the law says you can do your own legal backup,sharing etc , The only you cant do its sell the backup,if you do it you go to the jail.
mmmh... I doubt it's ACTUALLY legal, even in your country
I'm pretty sure it's more like in most country in the world and it's just a grey-zone
It's not framed, so it's not illegal but not legal either, there are literally no law about it
 

CMDreamer

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So in the first instance, the Court allowed Storman to keep a backup of all copyright infringing content?

That really doesn't make sense to me. But considering that most copyright laws exist to serve and benefit big companies and nothing more, that makes even less sense.

If he was indicted and found guilty of copyright infringement, he should've been asked to destroy all copyright infringing content/media because that was the main reason to be indicted in the first place.

Sorry but have to say this, it was very stupid for Storman to claim his return into "business"... Even if it has nothing to do with Nintendo's IP.

Can we speak of jurisprudence here?
In the sense that someone can be indicted and found guilty of copyright infringement, but there could be no -legal- reason to be forced to destroy copyright infringing content, unless you plan to "return into business"?

Yes, I know, that's stupid, but US laws can do it. I mean, many US laws are really a very bad joke and pure nonsense actually, so its possible to be done.

Disclaimer.
I'm not promoting or giving support to copyright infringment actions. I'm just stating that US laws have many flaws in the way they are created and enforced, and that most of them obey to "greater intere$t$" and nothing else.

Check this example:
Code:
https://www.theguardian.com/global/video/2019/feb/08/alexandria-ocasio-cortezs-brutal-take-down-of-us-political-finance-laws-video

And the corresponding video:


In México its allowed to make your own backups,Other nations like USA or some parts of Europe for me its a unknown knowledge. So maybe you are right i dont know in which nation you live and the legal part of it.

Mind to quote a valid and legal source of your claims? I.e. a Law, Jurisprudence or something like that. I mean can you show us a valid source for your sayings?

The terms of use its trash here in México. We have a legal way to backup our software and nintendo cant demand it . It doesnt matter it the instructtion booklet say you cant do circunvent bla bla. We have here a Constitution and Laws ,and the law says you can do your own legal backup,sharing etc , The only you cant do its sell the backup,if you do it you go to the jail.

Each country's laws are diferent, I agree.
But stating that you're legally entitled to do something without proving it by showing a legal source for it, just doesn't make sense.

The best way to claim something is to prove it. Mind to do so?

I'd really like to check for a valid source of what you're stating in your comments, as that means that my own ignorance about it could be eliminated.
 
Last edited by CMDreamer,

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I don't know whether to be disappointed or impressed that he had the gall to try to revive his site after being sued for over $2 million in damages
I am going with both on this one.
 

chrisrlink

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if it was me I'd be held in contempt every day and my very sanity called into queston,and too bad I'm on SSI and will burn all my possessions before trial no need for bankrupsy
 
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nine0nine

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none of those points prove anything, they're counter arguements at best. I can personally list dozens of games I would have bought that I didn't because I didn't have to.

I would argue that piracy of roms and piracy of current games should be handled differently, but as a lifelong pirate I find it very difficult to say that piracy isn't affecting game sales to some extent.
 
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none of those points prove anything, they're counter arguements at best. I can personally list dozens of games I would have bought that I didn't because I didn't have to.

I would argue that piracy of roms and piracy of current games should be handled differently, but as a lifelong pirate I find it very difficult to say that piracy isn't affecting game sales to some extent.
yea well, it sure does affect the sales, but far far far less than what people usually imagine
 

nine0nine

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Here is something interesting: from the perspective of most companies, second hand games are just as damaging as pirated games.
Yeah and a number of times games companies have tried to stop second hand sales but it doesnt hold up the same as piracy, especially when they try to involve other forms of organised crime into the same sphere as piracy.

Downloads will probably solve this 'problem' sooner or later anyway.
 

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