Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 36 of 41 PageID #: 36
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.
116.On information and belief, Yuzu developers have transmitted copies of game ROMs of Nintendo’s games to each other while acting within the scope of their authority from Defendant. Each such distribution 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.
117.Defendant and its agents’ acts are willful, intentional, purposeful, and in disregard of and indifferent to the rights of Nintendo. Defendant is liable for each of its agents’ acts as set forth herein.
118.As a direct and proximate result of Defendant’s violations of 17 U.S.C. § 501(a), Plaintiff is entitled to the maximum statutory damages, pursuant to 17 U.S.C. § 504(c)(2), in the amount of $150,000 with respect to each copyrighted work, or such other amounts as may be proper under 17 U.S.C. § 504(c). In the alternative, pursuant to 17 U.S.C. § 504(b), Plaintiff is entitled to its actual damages, as well as to Defendant’s profits from these violations, in amounts to be proven at trial.
119.Plaintiff is entitled to its full costs, including reasonable attorneys’ fees, pursuant to 17 U.S.C. § 505.
120.Defendant’s conduct is causing 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. § 502, Plaintiff is entitled to permanent injunctive relief prohibiting Defendant from engaging in further acts of infringement of Nintendo’s protected works.
COUNT FIVE
(Contributory and Inducement Liability For Unauthorized Reproduction of Protected Works in Violation of 17 U.S.C. §§ 106(1), 501(a))
121.Plaintiff repeats and realleges every allegation contained in paragraphs 1 through 120 as if fully set forth herein.
36
