What I don't understand is: if the game is not available for sale, why do roms matter? Roms aren't sold. Nobody is making money off of Nintendo's content.
Do you really think Nintendo is worried about lost sales of games that aren't being sold?
They should take down roms for games that are currently being sold in that case. However, what happens when they inevitably stop selling that too?
Roms are the only way to play games that are inaccessible or discontinued aside from buying from third parties, which Nintendo also gets nothing from.
If Nintendo wants to take down all roms they should prolly start selling their own, or at least announce plans to do so.
these are all valid points but in the end they are justification for theft. it doesn't matter what nintendo does with their own property because its legally and rightfully theirs. all this 'why didnt they do x or y' is moot. its like killing someone with a knife and saying that its not legally killing them because the person you killed was annoying. it doesn't matter how annoying they were, it doesn't matter what they were doing, or what weapon you used, you still killed them. so all the underlying what ifs and speculation about the circumstances are moot because in the end you did kill them. these rom sites
did illegally give intellectual property. it doesn't matter what nintendo does, it matters what the sites did, which is illegally gve intellectual property. if nintendo wants to reboot the roms, they can. its their property. if they want to make playing the rom legal, then they can. but they didn't. so until they do, nobody loving pirate roms unless they actually want to get sued. when they do get sued, its 100% their loving fault because they understood the consequences of their actions, and nintendo is 100% right to sue them.
all these arbitrary 'its not being worked on anymore' or whatever isnt even worth arguing against because its entirely arbitrary and nintendo doesn't need to give a reason for why they sue someone for stealing their property.
