Nintendo Prevails in Lawsuit Against Sharehosting Platform

Overview of the Recent Verdict

The Cour de Cassation of France found Dstorage SAS responsible for the hosting of pirated Nintendo games.
This ruling reaffirms a prior decision made by the Paris Court of Appeals in 2023.
Nintendo expressed satisfaction with this verdict, viewing it as a significant step in its anti-piracy efforts.

Nintendo has achieved a legal milestone in its fight against piracy, with the French Supreme Court, known as the Cour de Cassation, determining that the file storage site 1fichier.com, operated by Dstorage SAS, is accountable for hosting unauthorized Nintendo games. Nintendo applauded the court’s decision, suggesting that it may establish important legal precedents for similar cases in France and across Europe.

This ruling is part of Nintendo’s sustained initiative to safeguard its intellectual property rights against piracy. The gaming giant has actively utilized the Digital Millennium Copyright Act (DMCA) to issue takedown notices to numerous websites that distribute ROMs and emulators for Nintendo games and its consoles. Recently, in late 2024, Nintendo intensified its anti-piracy strategies after winning a default judgment against a notorious Switch pirate, James “Archbox”Williams, who did not appear before the court. Following this judgment, Nintendo has targeted various platforms linked to Williams’s piracy operations, including major sites like Reddit and GitHub.

As the company continues to issue notices against suspected pirates, the recent court ruling bolsters its existing campaign. Initially reported by VGC, the Cour de Cassation’s decision confirms that Dstorage SAS neglected to comply with an earlier court order mandating the removal of Nintendo content from its platform. The ruling upholds the Paris Court of Appeals’ 2023 verdict, which resulted in Dstorage facing penalties exceeding €400, 000 in legal costs and compensation. In light of this ruling, Nintendo reiterated its stance that sites like 1fichier.com should not serve as safe havens for hosting illegal ROMs or emulators.

Significant Legal Win for Nintendo in France

The Cour de Cassation determined that Dstorage SAS is liable for hosting pirated Nintendo games.
This recent decision supports a previous ruling by the Paris Court of Appeals from 2023.
Nintendo expressed contentment with the legal outcome.
The verdict is a continuation of Nintendo’s long-term anti-piracy efforts.

Nintendo believes this ruling will have a lasting impact within France and potentially throughout Europe. Despite this notable victory, the company acknowledges that its battles are far from over. In 2024, following the termination of the Yuzu Switch emulator, Nintendo issued a cease-and-desist order to Modded Hardware, known for producing the MiG Switch and other modded Switch devices. Modded Hardware’s founder, Ryan Daly, maintained sales of the MiG Switch until a subsequent lawsuit was filed.

As speculation surrounding the release date and pricing of the Nintendo Switch 2 circulates within gaming communities, Nintendo’s anti-piracy strategies continue to be scrutinized. Only time will reveal how Nintendo plans to address the challenges posed by scalping and piracy related to the anticipated Switch 2.

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