Re: Nintendo, sue happy

I think the case mentioned was one where a couple hosted a ROM site and was getting profits from it. It was probably Nintendo wanting to send a message by immediately suing.

Nintendo specifically has always been trigger happy with such things. I don't know about this case you mentioned but if they were in fact able to sue this person for any sum of money it means that said person had to have ignored more than one official situation ordering them to take down the roms in question. That's the first step to litigation in this case, generally. There exist certain situations where Nintendo or any other company wouldn't have any standing to sue or order take downs for roms such as a game being so far out of it's copyright length with no new way to access those games. It's one of the things that makes Nintendo a confusing company. Their refusal to make many games available on modern systems stands to hurt themselves as well as their customers since having a way to play Mario 3 on the Switch or whatever immediately makes the use of roms that much more dubious. Whereas if they never put a game in the shop it becomes a bit more difficult for them to justify their ire at someone finding it online.
Copyright laws are bizarre and as outdated as they come.