Nintendo Wins in Legal Battle Against Site Hosting Pirated Games
The Paris Court of Appeals has ruled in favor of Nintendo in a legal dispute with Dstorage, a file-sharing website operator.
Nintendo has prevailed in a dispute with file-sharing website operator Dstorage over the hosting of pirated Nintendo games on 1fichier.com. Despite being ordered to remove the illegal content, Dstorage failed to comply, leading to Nintendo's legal victory.
As reported by GamesIndustry.biz, Nintendo had previously requested that Dstorage remove any unauthorized Nintendo games that were being hosted on 1fichier.com. However, when Dstorage failed to comply with this request, Nintendo took legal action, resulting in the Paris Judicial Court issuing a verdict in May 2021 in favor of Nintendo.
The Court of Appeals has now ruled that Dstorage must pay €442,750 to Nintendo as compensation for hosting pirated Nintendo games on 1fichier.com. Additionally, Dstorage has been ordered to pay €25,000 to cover legal fees. However, the website operator has the option to challenge the decision by filing an appeal.
Here is the statement from Nintendo:
"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 company wrote in its statement.
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."
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