Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 34 of 41 PageID #: 34
similarly, by playing the game ROM in Yuzu, Defendant’s agents have circumvented Nintendo's Game Encryption. The agents were acting within the scope of the authority granted to them by Defendant, and Defendant is liable for the conduct of its agents.
106.Each act of circumvention constitutes a violation of 17 U.S.C. § 1201 for which Plaintiff is entitled to damages under 17 U.S.C. § 1203(c), and injunctive relief under § 1203(b)(1).
107.Defendant and its agents’ acts are willful, intentional, purposeful, and in disregard of and indifferent to the rights of Plaintiff. Defendant is liable for each of its agents' illegal acts as set forth herein.
108.As a direct and proximate result of Defendant’s violations of 17 U.S.C. § 1201, Plaintiff is entitled to the maximum statutory damages, pursuant to 17 U.S.C. § 1203(c)(3)(A), in the amount of $2,500 with respect to each act of circumvention, or such other amounts as may be proper under 17 U.S.C. § 1201(c). In the alternative, pursuant to 17 U.S.C. § 1201(c)(2), Plaintiff is entitled to its actual damages, as well as to Defendant’s profits from these violations, in amounts to be proven at trial.
109.Plaintiff is entitled to its costs, including reasonable attorneys' fees, pursuant to 17 U.S.C. § 1203(b).
110.Defendant and its agents’ conduct has caused and, unless enjoined by this Court, will continue to cause Nintendo great and irreparable injury for which there is no adequate remedy at law. Pursuant to 17 U.S.C. § 1203(b)(1), Plaintiff is entitled to permanent injunctive relief prohibiting Defendant, its members, and its agents from engaging in further acts of offering to the public, providing, or otherwise trafficking in Yuzu or other circumvention software.
COUNT FOUR
Unauthorized Reproduction and Distribution of Protected Works in Violation of 17 U.S.C. §§ 106(1), 106(3), 501(a))
111.Plaintiff repeats and realleges every allegation contained in paragraphs 1
34
