Nintendo wins legal battle against website operator hosting pirated games

Nintendo has won a piracy legal battle with sharehosting website operator Dstorage.

In a statement (via GamesIndustry.biz), the platform holder said the Paris Court of Appeals has ruled that Dstorage was responsible for failing to remove or block access to pirated copies of Nintendo games distributed via its website 1fichier.com.

Backing up a previous verdict by the Paris Judicial Court in May 2021, the Court of Appeals has ordered Dstorage to pay €442,750 ($484,000) to Nintendo in compensation, plus €27,000 to cover legal expenses.

Dstorage could choose to appeal the decision.

“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 platform holder said.

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“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.”