Nintendo of America Inc. (NOA) is providing this letter of notification
pursuant to the Digital Millennium Copyright Act and 17 USC §
512 (c) to make www.consoleclassix.com aware of material infringing
NOA's exclusive intellectual property rights posted on one of its
registered IP address. This notice is addressed to the agent designated
by Consoleclassix to receive notifications of claimed infringements,
as reflected in the current records of the U.S. Copyright Office.
NOA has a good faith belief that Consoleclassix found at 188.8.131.52
infringes Nintendo's intellectual property rights by renting illegal
copies of Nintendo's video games, protected by copyrights and trademarks,
referred to as ROMs. ROM ("Read Only Memory") is the type
of chip used in Nintendo's video game products that contain the game
software. More generally, however, ROM is used to refer to any game
data that was copied from an authentic video game cartridge. All Nintendo
games are cartridge based. All Nintendo ROMs published on the Internet
are necessarily unauthorized and illegal.
There is a good deal of misinformation on the Internet regarding the backup/archival copy exception. It is not a "second copy" rule and is often mistakenly cited for the proposition that if you have one lawful copy of a copyrighted work, you are entitled to have a second copy of the copyrighted work even if that second copy is an infringing copy. The backup/archival copy exception is a very narrow limitation relating to a copy being made by the rightful owner of an authentic game to ensure he or she has one in the event of damage or destruction of the authentic game, not for the purpose of acquiring financial gain. Moreover, It is well established by judicial decisions in the United States that this limited exception does not apply to game data contained in ROM semiconductor chips in video game cartridges. Therefore, whether you have already an authentic game or not, or whether you have possession of a Nintendo ROM for a limited amount of time, i.e. 24 hours, it is illegal to download and play a Nintendo ROM from the Internet.
Pursuant to 17 U.S.C. § 512(d)(3), Nintendo notifies Consoleclassix that its actions are illegal and may be subject to criminal prosecution and civil liability. We will be monitoring your website to see if you are in compliance with the law and reserve the right to take all steps necessary to protect Nintendo's rights. The unauthorized copies of such game products made available through such site are listed and/or identified on such Internet sites by their titles, variations thereof or depictions of associated artwork. Based on the information at its disposal on June 21, 2001, NOA believes that the statements in this notice are accurate and correctly describe the infringing nature and status of the infringing material. Should you have any questions, please contact Nintendo of America Inc. at the following address, telephone and fax numbers, and/or e-mail address:
Nintendo of America Inc.