Nintendo Scores Another Victory Over ROM Sites

(Image credit: robtek/Shutterstock)

People love playing classic games on PCs. Companies occasionally appeal to our collective nostalgia by re-releasing older titles, but more often than not, players need to use an emulator to enjoy them on a modern device, especially since many of these games were console-exclusive. ROM distribution sites offer emulated games to download and play on PCs, but Nintendo wants to stop that. And this week it scored another victory in its battle against ROM distributors and

A quick explanation for anyone who isn't familiar with the process: PC gamers can install emulators that let their systems pretend to be old consoles, then download ROMs containing game files and then combine them so they can enjoy pretty much any game released for any console right on their computer. Note, these files aren't always ROMs per se--PlayStation games are downloaded as ISOs--but most distributors and players just refer to everything as a ROM.

TorrentFreak reported that the husband-wife duo behind and worked out a deal with Nintendo to avoid more serious legal issues. The parties agreed on a $12 million settlement for the couple's infringement on Nintendo trademarks, with the requirement that the couple share all of the emulators and ROMs in their possession. Of course, they also have to shut down the sites and never reopen them.

Nintendo's lawsuit against LoveROMS and LoveRETRO's operators was made public in July. A month later, a popular emulation site called Emuparadise decided to stop distributing ROMs for classic titles to avoid legal conflict. Nintendo's strategy is clear: rather than targeting individual gamers, it's looking to shut down the sources of these files to make emulation more of a hassle.

This is a complicated moral issue but a simple legal one. No matter what various people (read: commenters on online forums) may claim, downloading a ROM is illegal, even if you already own a physical copy of that same game or if the game is all but impossible to play any other way.

The Argument for Downloading ROMs 

But emulation proponents argue that playing these games is a victimless crime and emulation is the only way to ensure the survival of classic titles. Eventually all of the Super Mario Bros. 3 cartridges are going to fail--what happens if Nintendo stops offering the game for purchase on modern systems? Less popular games are particularly susceptible to the risks of fading into naught if people can't back up and distribute them.

This debate, however, hasn't affected the legal conflict between Nintendo and ROM distributors. It's also kind of ineffective from a practical standpoint; so many people are sharing emulators and ROMs that Nintendo will have quite a hard time removing all of them from the internet. But it seems that hasn't stopped the company from trying, and the $12 million settlement may intimidate other distributors into backing down.

Nathaniel Mott
Freelance News & Features Writer

Nathaniel Mott is a freelance news and features writer for Tom's Hardware US, covering breaking news, security, and the silliest aspects of the tech industry.

  • robax91
    Protecting their property from infringement is understandable (like custom roms or new games using thier old assets), but it's not like they make any money off of second hand sales of old NES carts anyways. Really I don't understand why they care too much, if anything, letting people emulate and play classic titles could cause them to buy newer titles and merch. Unless they have plans to re-release those older titles on new platforms, they are just wasting money on legal fees. Pirates will always find a way and it's a losing battle.
  • AgentLozen
    I'm with Robax91 on this. Nintendo can't be soft and let pirates walk all over them, but declaring the start of the "War on Roms" (this is a play on the "War on Drugs" which is a miserable failure) is the wrong way to go. Like Robax91 said, the pirates will always find a way.

    Nintendo should take a more passive approach. They can send out cease and desist letters to make themselves seem stern but they're alienating their fans with the fire and fury approach.
  • bala18
    I've always hated Nintendo but this right here is why they will never get another cent of my money. If you believe in emulators boycott Nintendo now.
  • mr.merol
    The worst part is that they asked for the roms so they can resell them instead of creating the ROMs themselves. They already used downloaded ROMs on their NES classic
  • spentshells
  • s1mon7
    Holy crack, a 12 million dollar settlement with a husband and wife running a non-profit ROM site?! That's just pure evil.

    I'd agree if it was about cloning Nintendo Switch games or something, but NES or GameBoy ROMS? That's just completely immoral. I think the laws should be changed to make old enough games public domain to prevent things like this from happening, and to keep the old works available to everyone as opposed to removing all traces of their existence. Either a company actively provides/sells and supports the game on its own on modern systems, or the public should be allowed to do it instead.

    I can't believe Nintendo is doing this.
  • phobicsq
    More examples of a corporation screwing customers and people over. If Nintendo gave two sh#ts they'd have remastered or released their older games by now on newer systems. They really haven't, I mean mario 3 on their system download isn't as good as that limited nes thing they released in limited quantities. This is also a company that threatens people for doing video reviews and walkthroughs. Their actions here and over the years made me hop switch would fail and they would be closer to bankruptcy.
  • biobinary0625
    Doesn't matter. We will just get them another way. You can't stop it. Nothing can 100% stop it.
  • mihen
    $12 million is actually not that much when compared to similar cases of file-sharing and pirating. For a $12 million you file bankruptcy and it gets discharged.
  • g-unit1111
    I've always wondered why Nintendo doesn't capitalize on the emulator market. They could make huge bank if they sold and licensed official emulators for Wii / N64 / SNES / NES systems.