Nintendo Can’t Even Get $65 A Month From Sued Rom Site

Nintendo Can’t Even Get $65 A Month From Sued Rom Site
Funny, Nintendo's normally so good at collecting coins. (Image: Nintendo / Kotaku)

Suing a video game rom site and being awarded $US2.1 ($3) million in damages doesn’t mean much if the defendant can’t pay. Apparently, Nintendo’s having trouble collecting from RomUniverse founder Matthew Storman, who’s already missed a $US50 ($64) monthly sanctions payment to the video game publisher.

You can’t get blood from a stone, and you can’t squeeze a relatively measly $US50 ($64) payment out of a guy whose primary source of income was the video game rom site you sued into oblivion. Earlier this year Nintendo’s 2019 lawsuit against website RomUniverse concluded with the site being shut down and Nintendo awarded $US2.1 ($3) million dollars in damages.

That’s $US35,000 ($44,891) for each of the 49 Nintendo games found on the site plus $US400,000 ($513,040) in trademark damages. The chances of Matthew Storman, who defended himself in court and whose only source of income was the now-defunct rom site, being able to pay those damages are incredibly slim. In a recent court filing obtained by Torrentfreak, Nintendo complains that Storman hasn’t made his court mandated monthly payment of $US50 ($64).

In the filing, Nintendo seeks a permanent injunction against Storman to ensure that he does not re-launch RomUniverse and resume distributing video game roms. In the filing, which can be viewed in full at Torrenfreak, Nintendo’s lawyers cite Storman’s inability to give them 50 bucks as a demonstration of his disregard for his legal obligations.

“Not only did Defendant not address his violation of the Court’s Order in the Opposition, but he continues to ignore the Order and has not yet made any payments to Nintendo,” the filing reads. “This failure to make even the modest $US50 ($64)/month payment, an amount that he proposed and agreed to, demonstrates that Nintendo has no adequate remedy at law for Defendant’s past or future infringement and underscores the need for a permanent injunction.”

Last month Storman filed a motion to have the court consider not making him pay Nintendo $US2.1 ($3) million.

Comments

  • Nintendo wasted all of this money on enforcement for literally nothing. I’m glad their lawyers are getting paid, because maybe it’ll teach them to avoid suing people who can’t pay in the first place.

    • Alternatively: they achieved their goal and ended the infringement on their IP, and it was never about the money.

    • Its more about setting precedents and deterring any future offenders. After all it’s not about the money if a $2.1 M debt is going to be paid off at $50 a month… that’s 3500 years.

      After all why did Nintendo sue someone with no money… Its just a step, bankruptcy, injunctions, the legal shenanigans will continue and Nintendo gets to prove they can destroy a person. To prevent others from doing it.

      • General deterrence only works if people are actually deterred. How many ROM sites closed down due to this judgement? I’d bet on pretty much none, because if they cared about what Nintendo or anyone else thought, they wouldn’t have opened them in the first place. As for bankruptcy, America isn’t like Australia. More often than not the people meant to oversee the bankruptcies don’t even turn up to the court hearings, or if they do, they don’t get paid enough to care (see DarksydePhil’s bankruptcy for reference), which results in the bankruptcy being ended, leaving them to resume where they left off. I’m being quite literal when I say it’s a waste of time as America’s bankruptcy system is a slap on the wrist, easily abused merry-go-round and the trustees aren’t paid enough to care.

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