Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 35 of 41 PageID #: 35
through 110 as if fully set forth herein.
112.Section 106 of the Copyright Act, 17 U.S.C. § 106, provides, in pertinent part, that the owner of a copyright under the Copyright Act has the exclusive right to reproduce, distribute, publicly perform, and publicly display individual images of its audiovisual works.
113.Plaintiff owns valid, registered copyrights in numerous games for the Nintendo Switch. For instance, Nintendo holds copyrights in The Legend of Zelda: Tears of the Kingdom,[1] Animal Crossing: New Horizons,[2] Mario Kart 8 Deluxe,[3] Xenoblade Chronicles: Definitive Edition,[4] Paper Mario: The Origami King,[5] and Metroid Dread.[6] Upon information and belief, Defendant’s agents infringed these copyrights and Plaintiff expects discovery to reveal that many more games have been infringed in which it holds valid, registered copyrights. Nintendo has not licensed its rights to the Defendant or otherwise provided authorization for Defendant or its agents to exercise any of Nintendo’s exclusive rights in its copyrighted games.
114.Defendant’s agents, such as Bunnei, admit to dumping Nintendo games they have lawfully purchased and copying the game ROMs into Yuzu. On information and belief, Bunnei dumped and copied each of the titles in Paragraph 113 while acting within the scope of their authority from Defendant. Each such reproduction constitutes a violation of 17 U.S.C. § 501(a) for which Plaintiff is entitled to damages under 17 U.S.C. §§ 504 & 505 and injunctive relief under §§ 502 & 503.
115.On information and belief, Defendant’s agents, while acting within the scope of their authority from Defendant, have also downloaded game ROMs online from pirate websites which they have not lawfully purchased. Each such reproduction constitutes a violation of 17
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