The Paris Court of Appeals has recently sided with Nintendo in a dispute with pirated game site owner Dstorage.
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Nintendo wins lawsuit against Dstorage
Nintendo has released a statement revealing that the Paris Court of Appeal ruled that Dstorage was liable for its failure to remove or block access to pirated copies of Nintendo games distributed through the 1fichier.com website.
Nintendo previously demanded that Dstorage remove all Nintendo pirated games stored on their site. When this was not done, the company took legal action.
The Paris Court of Appeal has now ordered Dstorage to pay 442 thousand euros to Nintendo as compensation. In addition, 25 thousand euros are also billed to cover legal fees. Dstorage has the option to appeal the decision.
Meanwhile, Nintendo declared this a victory and positioned the company as a strong precedent for anti-piracy cases across the gaming industry.
Nintendo is very pleased with the decision of the Paris Court of Appeal, as it once again sends a clear message that by refusing to remove or withdraw access to unauthorized copies of video games despite prior notice, shared hosting services such as Dstorage (1fichier) are liable under French law and must remove or block access to such content as well as possibly being liable to pay compensation to rights holders whose intellectual property rights are infringed.
The court’s finding of liability against Dstorage is very important not only for Nintendo but also for the entire gaming industry. It will prevent sites like 1Fichier from claiming that a prior decision from the court will be required before pirated content should be removed, and in addition, the court’s decision confirms what rights holders must notify when claiming that notified content infringes copyright or trademark rights.
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