Case 1:24-cv-00082-JJM-LDADocument 1Filed 02/26/24Page 38 of 41 PageID #: 38
Defendant induces that infringement because Defendant has engaged in purposeful conduct that encourages and is intended to encourage those users to make infringing copies of Nintendo’s copyrighted games on unauthorized platforms and to play those games on such platforms.
126.As such, Defendant is secondarily liable for each act of infringement (unauthorized reproduction) performed by Yuzu users.
127.Defendant’s acts are willful, intentional, purposeful, and in disregard of and indifferent to the rights of Nintendo.
128.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.
129.Plaintiff is entitled to its full costs, including reasonable attorneys’ fees, pursuant to 17 U.S.C. § 505.
130.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 contributing to or inducing others to reproduce Nintendo’s protected works.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for judgment against Defendant as follows:
1.For a declaration that Defendant’s activities as alleged herein constitute violations of 17 U.S.C. § 1201 and 17 U.S.C. §§ 106, 501.
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