It looks like Nintendo is going to start cracking down on ROM sites again, as the company unleashed a brand new set of lawsuits this week. TorrentFreak has the complete PDF document if you'd like to read it, but the two websites being targeted are LoveROMS and LoveRetro. Both websites are owned and operated by the same person, but while the first one remains active, the second has been shut down entirely. Nintendo's claim is that the company is giving away, for free, classic games from the NES and SNES eras and that they are losing money on their Classic NES and SNES consoles because of it.
Nintendo continues to produce, market, and sell many of the video games originally developed for its earlier video game systems, including NES and SNES. In 2016, Nintendo released NES Classic Edition, a miniaturized version of the NES console that features pre-installed copies of many of the most memorable games designed for NES. In 2017, Nintendo released SNES Classic Edition, a miniaturized version of SNES which also features pre-installed copies of many iconic games designed for SNES. Nintendo continues to produce, market, and sell NES Classic Edition and SNES Classic Edition.
It's a valid argument, albeit a weak one, as the company's efforts to release an entire retro library have been spotty, even when the Virtual Console was around and kicking. It's up to the U.S. Court District for the District of Arizona to decide whether or not the ROM sites are in the wrong. No date has been set for a hearing as of this posting.