It looks like Nintendo is increasing its actions against the emulator sites, with new lawsuits against LoveROMs and LoveRETRO, two websites that host ROM files.
Although this is not the first time that this is happening, seeing Nintendo stepping up its game makes us believe that the ROM sites are making a dent in Nintendo’s revenues. It is understandable that since the Virtual Console, Nintendo keeps releasing old games for prices that can reach US$10 or more a piece.
This lawsuit against LoveROMs and LoveRETRO not only demands that they take down all Nintendo games but also asks for financial compensation of US$150,000 for each Nintendo game hosted and up to US$2,000,000 for each trademark infringement. That includes not only the games itself but the use of music from the games, Nintendo Logo and characters.
I believe that asking for a tremendous amount of money is a common practice to scare the small websites to comply and never try again. Usually, those sites are maintained by a small group or even a single person, and they could never afford to pay even a fraction of what is asked. The idea is to settle and make de games unavailable forever. On the other hand, it is possible that some of these sites actually get good money from adverts. In that case, they might be in real trouble…
Sometimes we get questions asking why we don’t host on our game database famous games like Donkey Kong, Sonic, etc., and we are always responding that we don’t want to host someone’s intellectual property and end up liable. That’s why our database only contains homebrew games that were made freely available by their developers and publishers. If we find worth to list a commercial game, we only provide the link to the site where the game can be purchased.