"Nintendo's message to consumers is not to download pirate copies of Nintendo games."
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43d

It sounds like they already had a safe harbor even if they didn’t jump when a company said so.

BlackEco
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53d

Yes it did. I left out this paragraph that explains what changes with this decision (emphasis mine)

Dstorage’s final avenue was the French Supreme Court, where it argued that a court order was required before it had to remove specific content from its file-sharing services. The court rejected this argument, and that will be the final judgment in this matter.

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