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| Image Nintendo |
Nintendo has won a High Court injunction against six internet service providers in the United Kingdom in order to stop unauthorized downloads of Switch games.
Six UK-based ISPs — BT, EE, Plusnet, Sky, TalkTalk, and Virgin Media – must now ban access to particular ROM portals for two years as a result of the order.
Nintendo has been putting money into its campaign against those who help to circumvent security features in its Switch platform for several years. Nintendo recently hailed a victory in a civil action against former Team-Xecuter member Gary Bowser, who agreed to pay $10 million in damages to the gaming giant.
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| Image Credit TorrentFreak |
Because these sites contain advertising that produces revenue based on page visits and pop-up adverts, Nintendo believes they are commercial in nature. Given the juvenile nature of its target demographic, Nintendo is especially concerned about explicit adult content showing during the download process.
The company also alleges that it has attempted to contact the site owners via its solicitors on multiple occasions in an attempt to settle the problem outside of court and that it believes all of the mentioned sites are controlled by the same corporation.
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The domains in question supplied Nintendo-copyrighted content, and a substantial percentage of downloads came from the United Kingdom, according to an order issued by Justice Joanna Smith. The sites infringe on Nintendo's copyrights in the UK, and they also infringe on Nintendo's trademark rights in violation of the Trade Marks Act 1994, according to Judge Joanna Smith:
There is no plausible basis to suppose that the use of the marks is merely descriptive; they are being used to denote (falsely) the origin of the games and thereby to drive traffic to the websites for the purposes of making a profit. This is not in accordance with honest practice.
Judge Smith remarked that granting an injunction would strike a "reasonable balance" between safeguarding Nintendo's and the public's rights while also allowing ISPs to continue trading fairly.
The order, which includes a two-year "sunset clause," forces ISPs to ban access to the above-mentioned websites. Similar restrictions are in place in Spain, Italy, and Portugal.
In response to the US Trade Representative's request for an opinion on 'Notorious Markets,' the Entertainment Software Alliance reported the same sites to the US Government in October.
H/S: TorrenFreak
2 Comments
Maybe let us actually own the digital releases that we buy with our own money, then. Since you plan to take down the eshop at some point in time, meaning that we will lose the games that we BOUGHT, make sure that you refund us all the money that we spent, and then we'll talk about piracy.
ReplyDelete"Given the juvenile nature of its target demographic, Nintendo is especially concerned about explicit adult content showing during the download process."
ReplyDeleteNo they are not, they are just trying to get more attention to their appeal.
If they cared, how about providing fair online services, such as their own bad emulated games, which you pay for but never own? Not only that, full price for 20+ years old games
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