Friday, August 13, 2021

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Court Orders RomUniverse to Destroy Pirated Nintendo Games and Stay Offline
Ernesto Van der Sar, 13 Aug 09:50 PM

wario nintendoTwo years ago, gaming giant Nintendo filed a lawsuit against the game download portal RomUniverse.

The website facilitated massive online copyright infringement of many popular Nintendo titles, according to the complaint filed at a California district court.

RomUniverse's Pro Se Defense

The site's operator, Los Angeles resident Matthew Storman, disagreed with these allegations. Without an attorney, he decided to defend himself in court. In his view, the site wasn't breaking any laws and he asked the court to dismiss the case.

Nintendo vehemently disagreed and pointed out several flaws in RomUniverse's defense, with which the court agreed. This meant that Storman had to face the charges, as well as millions of dollars in potential damages.

RomUniverse initially remained online. That eventually changed but last summer, after discussions with Nintendo's legal team, the operator agreed to shut it down. The game company subsequently requested summary judgment amounting to millions of dollars as compensation for the damages it suffered.

$2.1 Million in Piracy Damages

In May 2021, US District Court Judge Consuelo Marshall ruled on the matter, largely siding with Nintendo. The court granted a $2.1 million summary judgment against the RomUniverse operator, for infringing the game company's copyrights and trademarks.

Nintendo didn't get everything it was after. Judge Marshall denied a permanent injunction against Storman, as Nintendo failed to show that it was suffering irreparable harm. Additionally, the fact that Storman had already shut down the site showed there was no imminent threat of further infringements.

While Nintendo was happy with the damages award, it asked the court to reconsider the denied injunction. Among other things, the company was worried that RomUniverse hasn't shut down permanently. Mr. Storman himself admitted that the site could make a comeback in the near future.

Nintendo Gets Its Injunction

After taking a second look at the matter, Judge Marshall now sees enough grounds to issue the injunction. In an order issued late last week, the potential comeback of RomUniverse is repeatedly cited as an important factor.

"Plaintiff's evidence demonstrates a threat of continued infringement based on Defendant's representations that he may relaunch his website which previously contained Plaintiff's copyrighted games. Accordingly, Plaintiff demonstrates irreparable harm warranting an injunction for Plaintiff's copyright infringement claim."

Although Mr. Storman said that a relaunch would happen without any Nintendo titles, the court finds an injunction appropriate as the Japanese company might suffer "irreparable harm" otherwise.

Destroy All Pirated Games

The injunction specifically prohibits RomUniverse's operator to copy, distribute, sell or even play unauthorized copies of Nintendo games. Using Nintendo's trademarks, logo's or names in a 'confusing' manner is not allowed either.

Finally, Judge Marshall also orders the destruction of all pirated Nintendo games that are still in Mr. Storman's possession.

"Defendant shall permanently destroy all unauthorized Nintendo games or other unauthorized copies of Nintendo's intellectual property including movies, books, and music no later than August 17, 2021," Judge Marshall concludes her order.

romuniverse injunction

A copy of US District Court Judge Consuelo Marshall's order is available here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.

Police Visit Pirate IPTV Suppliers' Homes to Serve Cease-and-Desist Notices
Andy Maxwell, 13 Aug 09:47 AM

IPTVWith the start of the new Premier League season just hours away, football fans can look forward to a new season offering the best the sport has to offer. For some fans hoping to enjoy the action on TV, alternative preparations may need to be made.

Cheap access to Premier League football is one of the primary drivers for pirate IPTV uptake in the UK. These services generally offer all of the games (including 3pm kickoff matches) at a very low price but they are prone to disruption if they attract the attention of rightsholders and the authorities. That appears to be the case in respect of a few suppliers this week.

Suspected IPTV Suppliers Targeted in the UK

According to an announcement from anti-piracy company the Federation Against Copyright Theft, during the past week police units targeted several suspected suppliers of pirate IPTV services around the UK. FACT investigators were reportedly in attendance when the Eastern Region Special Operations Unit, West Yorkshire Police, and Dyfed-Powys Police delivered cease-and-desist notices to people's homes.

"The initiative is aimed at preventing the illegal supply of IPTV streams, with investigators visiting homes in Essex, Hertfordshire, West Yorkshire and Pembrokeshire to serve notices informing suspects to cease any illegal activity with immediate effect," the release reads.

"This latest action targeted suspects who were promoting unauthorized access to premium television content, which affects broadcasters and rights owners in the UK and worldwide, causing financial harm to the industry and the economy."

There is no specific mention of Premier League content in the release but FACT is a close partner of broadcasters including Sky, which have a direct interest in ensuring pirated streams are disrupted whenever possible.

Relatively Low-Level Suppliers Receive High-Level Attention

All of the individuals served with a cease-and-desist notice over the past week are reportedly lower-level players in the pirate IPTV world. No specific details have been made available but it seems more than likely these were people involved in the resale of pirate IPTV subscriptions, otherwise known as resellers. Nevertheless, these people play a crucial part in the IPTV business by obtaining sales on the ground and funneling them to the large operations they serve.

West Yorkshire Police and Dyfed-Powys Police have considerable law enforcement firepower but it's noteworthy that the operation was also supported by the Eastern Region Special Operations Unit (ERSOU), a division dedicated to tackling everything from organized crime to terrorism investigations.

The stated aim of the operation was to prevent the targets from undertaking criminal activity while deterring others from a similar path. Having ERSOU on the doorstep sends a pretty powerful message.

FACT Drives Home Fraud Message

In common with the majority (if not all) of the recent cases pursued by FACT and its broadcasting partners in respect of IPTV, the key signal is that offering or receiving TV services illegally can be prosecuted under the Fraud Act. There is no deviation following this week's action.

"We employ a range of tactics to prevent the provision of illegal streaming. Our continuous activity targets different elements of the global piracy landscape, with consideration given to the scale of the offending to ensure effective and proportionate action is taken," says FACT Chief Executive Kieron Sharp.

"By taking these measures we are sending a clear message. Piracy is fraud and anyone motivated by financial gain from doing this needs to know that this is a crime which will be taken seriously by Police."

West Yorkshire Police Officer David Hayes notes that while offering pirate IPTV services can make sellers some money in the short term, when police are aware of their activities they will bring them to an end.

"People may not think they are causing harm by selling streaming services for a quick penny but if you choose to do so, you are breaking the law and there will be consequences when you are caught," Hayes says.

"It was good to support FACT in West Yorkshire and we hope this collaboration will send out a clear message to those who think they can get away with it. We will find you."

According to FACT and the police, more actions of a similar nature are being planned.

From: TF, for the latest news on copyright battles, piracy and more.

 
 
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