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If you know the name Ron Gilbert, it’s probably for his decades of work on classic point-and-click adventure games like Maniac Mansion, Indiana Jones and the Last Crusade, the Monkey Island series, and Thimbleweed Park. Given that pedigree, October’s release of the Gilbert-designed Death by Scrolling—a rogue-lite action-survival pseudo-shoot-em-up—might have come as a bit of a surprise.

In an interview from his New Zealand home, though, Gilbert noted that his catalog also includes some reflex-based games—Humungous Entertainment’s Backyard Sports titles and 2010’s Deathspank, for instance. And Gilbert said his return to action-oriented game design today stemmed from his love for modern classics like Binding of Isaac, Nuclear Throne, and Dead Cells.

“I mean, I’m certainly mostly known for adventure games, and I have done other stuff, [but] it probably is a little bit of a departure for me,” he told Ars. “While I do enjoy playing narrative games as well, it’s not the only thing I enjoy, and just the idea of making one of these kind of started out as a whim.”

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nhentai With an estimated 85 million visits per month, Nhentai is one of the most trafficked websites online today.

The site serves adult-oriented anime and manga, also known as hentai. These spicy Japanese comics are popular worldwide, but not everyone is happy with with the content Nhentai has to offer. Some rightsholders consider the site a deviant pirate operation.

In the summer of 2024, California-based rightsholder PCR Distributing (PCR), which operates under brands including J18 and JAST USA, took legal action against Nhentai, describing the site as a significant threat to its business.

Nhentai Owner Unmasked

PCR initially requested a DMCA subpoena asking Cloudflare to unmask the people behind the site. However, when Nhentai filed an objection, PCR swiftly dropped the subpoena request and launched a full lawsuit against the site’s owner at a California federal court.

In January, Nhentai asked the court to dismiss the lawsuit in its entirety. Among other things, the site’s attorneys argued that a representative of PCR’s brands previously granted written permission for the use of their content while exploring the option to run paid ads on the site.

Besides a dismissal, the site’s operator/owner requested a protective order to proceed in the case anonymously, at least in the early stages. Keeping personal details out of public filings would shield them from potential retribution, they argued.

In April, California District Court Judge Cynthia Valenzuela denied both Nhentai’s motion to dismiss and the motion for a protective order. This meant that the lawsuit would continue, with Delaware company X Separator LLC stepping forward as Nhentai’s owner/operator.

Nhentai Owner Denies Wrongdoing

Last week, X Separator filed a formal answer to PCR’s complaint. The company admits that it owns and operates Nhentai.net with the intention of making it available in the United States while earning revenue there as well.

In the same filing, the company denies that it engages in copyright infringement or piracy activities, and further denies any connections to or involvement with Nhentai.to.

Denials such as these are typical under the circumstances. Together with a list of affirmative defenses, they make up the formal answer that a defendant must submit once a federal lawsuit moves forward.

However, Nhentai’s filing doesn’t stop there. In addition to the mandatory response, X Separator is countersuing PCR for fraud and negligent misrepresentation.

Copyrights And Permission

The countersuit centers on PCR’s copyright registrations and the permission that was allegedly given to Nhentai. It argues that PCR Distributing didn’t just tolerate the site; the rightsholder actively approached Nhentai for promotions, partnerships, and advertisements.

From the counterclaims

The legal paperwork includes the examples above, as well as many others where representatives of PCR brands suggest deals or partnerships while their content remains on the site. These offers run counter to the copyright allegations in the complaint.

In addition, Nhentai’s countersuit points out that these works were not initially registered at the U.S. Copyright Office.

“From at least October 29, 2020 through April 21, 2022 – the timeframe in which the above-referenced emails were sent – Plaintiff/Counter-Defendant knew it had not filed or registered any U.S. copyrights,” X Separator’s filing reads.

In March 2023, PCR Distributing reportedly began registering its works at the Copyright Office but never rescinded the permission previously given to Nhentai. PCR went on to sue Nhentai for copyright infringement in 2024.

Permission not Retracted
register

Nhentai Countersues for Fraud

The emails where PCR Distributing allegedly approved the use of its works on Nhentai form the basis of the fraud and misrepresentation counterclaims.

For example, the counterclaim notes that PCR CEO Dave Adams submitted a declaration where he, “under penalty of perjury,” claimed to have personal knowledge of “countless instances” where PCR’s works were posted on nHentai.net without authorization.

Countless Instances
dave

X Separator argues that these statements are demonstrably false. The company alleges that PCR’s executives knew about the “permission” emails but chose to mislead the court to secure a DMCA subpoena and file the lawsuit.

$500k in Damages

The countersuit formally lists claims for Fraud/Intentional Misrepresentation and Negligent Misrepresentation.

Because of the alleged deception, Nhentai’s parent company claims to have suffered significant harm so is requesting compensatory damages “which currently exceeds $500,000.00”.

$500k

In addition, the company seeks punitive damages, arguing that the rightsholder acted “willfully, fraudulently, maliciously, and oppressively” with the specific intent to injure the site’s owner.

PCR Distributing has yet to respond to allegations. Meanwhile, the case will move forward to an eventual trial, if it gets that far. For now, Nhentai remains online.

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A copy of X Separator LLC’s first amended answer to the amended copyright infringement complaint, including the counterclaims, is available here (pdf)

From: TF, for the latest news on copyright battles, piracy and more.