Nintendo Takes Legal Action Against Gamer for Streaming Pirated Games
In a significant move that underscores the ongoing battle against piracy in the gaming industry, Nintendo has filed a lawsuit against Jesse Keighin, a gamer known online as Every Game Guru. The lawsuit, lodged in a Colorado court, accuses Keighin of streaming pirated versions of Nintendo games, including highly anticipated titles like The Legend of Zelda: Echoes of Wisdom, before their official release dates.
The Allegations
According to reports from Polygon, the lawsuit claims that Keighin streamed at least ten Nintendo games prior to their launch, providing his viewers with instructions on how to obtain these illegal copies. The games in question include not only The Legend of Zelda: Echoes of Wisdom but also Super Mario Party Jamboree and Mario & Luigi: Brothership. The lawsuit alleges that Keighin has streamed these games over 50 times since 2022, further exacerbating the situation by sharing links to emulators like Yuzu and Ryujinx, which facilitate the playing of pirated games.
Nintendo’s legal team argues that Keighin’s actions amount to "trafficking" in illegal circumvention devices, which they claim has resulted in "millions of dollars" in damages due to lost sales. The lawsuit articulates a broader concern about the normalization of prerelease piracy, stating that such actions not only harm Nintendo financially but also spoil the gaming experience for legitimate customers eagerly awaiting the release of new titles.
The Impact of Prerelease Piracy
The lawsuit highlights the detrimental effects of prerelease piracy on both the company and its fanbase. Nintendo asserts that streaming leaked games encourages viewers to acquire pirated copies, undermining the anticipation and excitement that typically accompanies a game’s launch. This not only affects sales but also diminishes the overall experience for players who wish to enjoy the game without prior exposure to spoilers or gameplay footage.
Nintendo’s legal document states, “Streaming leaked games prior to their publication normalizes and encourages prerelease piracy — Defendant is signaling to viewers that they too should acquire a pirated copy and play the game now, without waiting for its release and without paying for it.” This sentiment encapsulates the company’s frustration with the ongoing issue of piracy and its implications for the gaming community.
Previous Attempts to Address the Issue
Despite multiple takedown notices issued by Nintendo, Keighin reportedly continued to stream the company’s games across platforms like YouTube, Twitch, and Kick. His channels have since been taken offline due to copyright strikes, but not before he allegedly boasted about having "a thousand burner channels" to continue his streaming activities. This defiance has only intensified Nintendo’s resolve to take legal action.
Legal Consequences and Potential Damages
In addition to seeking the seizure and destruction of any emulators and devices in Keighin’s possession, Nintendo is pursuing significant financial damages. The company is asking for $150,000 for each alleged violation of its rights under the Copyright Act, along with $2,500 per violation related to anti-circumvention and anti-trafficking provisions. With over 50 alleged incidents, the total damages could potentially reach $7.5 million, although Nintendo may opt for "actual damages" to be determined at trial.
Nintendo’s Stance on Intellectual Property Protection
Nintendo has publicly stated its commitment to protecting the intellectual property rights of game developers and publishers. A representative from the company emphasized, “Nintendo is passionate about protecting the creative works of game developers and publishers who expend significant time and effort to create experiences that bring smiles to all.” This lawsuit is just one of many in Nintendo’s ongoing efforts to combat piracy and uphold the integrity of its gaming franchises.
A Broader Context of Legal Battles
This lawsuit is part of a larger pattern of legal actions taken by Nintendo against piracy and emulator developers. Earlier this year, the developers of the Yuzu emulator settled with Nintendo for $2.4 million, while the Ryujinx emulator reportedly ceased development following legal pressure from the company. Additionally, the infamous case of Gary Bowser, a member of the hacking group Team Xecuter, serves as a stark reminder of the severe consequences associated with piracy, as he was sentenced to 40 months in prison and ordered to pay a $14.5 million fine.
As Nintendo continues to navigate the complex landscape of intellectual property rights and piracy, this latest lawsuit against Jesse Keighin serves as a critical reminder of the stakes involved for both the company and the gaming community. The outcome of this case could have far-reaching implications for how piracy is addressed in the gaming industry moving forward.