Last month, RomUniverse owner Matthew Storman was fined $ 2.15 million after Nintendo filed a lawsuit for copyright infringement. Despite this, he plans to put his website back online, and of course Nintendo isn’t too happy about it.
Given that Storman is unemployed, this fine resulted in a $ 50-a-month payment that Nintendo says Storman "proposed and agreed to" (via ArsTechnica). Payment of the full amount would take 3,500 years or more, given that Storman failed to make his first payment.
Meanwhile, in a post-sentencing conversation, one of Nintendo's lawyers in the case noted that Storman was thinking of putting RomUniverse back online, but probably without all that problematic Nintendo content.
"Mr Storman stated that he was still thinking about what to do with RomUniverse and that if he returned the website, it could have video game and ROM content from companies other than Nintendo, but it would not have Nintendo content," he said. say lawyer William Rava pointed to judicial archive.
With that in mind, Nintendo is now re-filing an application for a permanent warrant against Storman. The inability of the site owner to pay even the bare minimum fine has been raised as an additional cause of action.
"This failure to make even the modest payment of $ 50 a month, an amount he proposed and agreed upon, demonstrates that Nintendo has no adequate legal recourse for the defendant's past or future infraction and emphasizes the need for a permanent commandment, "Nintendo wrote. a judicial document.
"The defendant 's threat to continue operating RomUniverse to distribute video game ROMs, using the same website he used in recent years to massively infringe on Nintendo' s copyright and trademark rights, requires the & # 39; 39; entry of a court order ".
Storman portrayed himself as infamous in a case that saw Nintendo attempt to attack him with $ 15 million in damages and a permanent ban on any future infringement of his intellectual property. Initially, the court dismissed the lawsuit and downgraded the fine, in part because the site had already closed at the time of the hearing. Opening a backup, even without hosting Nintendo titles, can open Storman to a new attack from the Japanese publisher.