By a decision dated May 25, 2021, the Paris Judicial Court ruled that DSTORAGE SAS, which operates the aforementioned host, bears its civil liability, for not withdrawing illegal copies of Nintendo games hosted on its platform. her by the company. This demanded to block access to this illegal content, which is likely to be shared by many Internet users.
The court also ordered DSTORAGE to pay €935,500 in damages. In its decision, the Paris Court also clarified how rights holders and shared hosting providers should act upon notification and removal of illegal content, stressing that rights holders are not required to obtain a prior court decision. before asking Shared hosting providers to remove illegal content.
In other words, under this decision, hosts of shared content cannot claim that a prior court ruling is necessary to remove illegal content – by refusing to block access to content such as unauthorized copies of video games. Law. They are therefore required to withdraw this content or make it impossible to access, under pain of paying compensation to the rights holders whose intellectual property rights have been infringed. This decision is subject to appeal.
From the first Super Nintendo cameras to sale links DS, Nintendo is regularly involved in game piracy. The Switch has clearly been spared for several years, with Nintendo of America notably fighting against selling software that would bypass its console protections and release pirate games there, by attacking distributors of such illegal solutions in particular.