Nintendo Sues Gamer for Streaming Pirated Games Ahead of Release Dates
Game News PlayArcade 09 Nov , 2024 0
Nintendo Sues Gamer for Streaming Pirated Games Ahead of Release Dates
Nintendo has filed a lawsuit against streamer Jesse Keighin, known as Every Game Guru across various platforms, for allegedly streaming pirated Nintendo games before their official release dates. The lawsuit, which was reviewed by Polygon and filed in a Colorado court on Wednesday, claims that Keighin has streamed ten unreleased Nintendo titles over the past decade, including recent games like Mario & Luigi: Brothership, The Legend of Zelda: Echoes of Wisdom, and Super Mario Party Jamboree. Additionally, he is accused of instructing his limited audience on how to acquire these games early, which Nintendo describes as “trafficking” in illegal circumvention devices, such as emulators and access keys.
This legal action aligns with Nintendo’s recently updated guidelines for sharing gameplay videos, which explicitly discourage the spread of pirated or unreleased content. Given Nintendo’s history of aggressive legal action against copyright infringement, this move is not surprising. The company is also currently suing Pocketpair, the developer of Palworld, for copyright violations and has consistently targeted emulators, ROM distributors, and others sharing or streaming unreleased content. The lawsuit against Keighin may mark one of the first instances where Nintendo is taking legal action against a streamer for their broadcasts.
According to the lawsuit, Nintendo claims that such piracy has resulted in “millions of dollars” in damages due to lost sales. “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,” Nintendo’s legal team stated. They further argue that prerelease piracy harms legitimate customers who may be eagerly awaiting a game’s release, only to encounter gameplay and spoilers online that spoil their experience.
Nintendo has issued multiple takedown notices to Keighin’s broadcasts across platforms like YouTube, Twitch, Kick, and Loco. While many of these accounts have been removed or shut down, some active Loco accounts using the Every Game Guru handle were still accessible, showcasing streams of games such as Super Mario Jamboree, which was broadcast before its official release.
In response to these takedown notices, Keighin reportedly told Nintendo that he had “a thousand burner accounts” and could “do this all day,” according to the lawsuit. He allegedly streamed unreleased games over 50 times in the past two years, including significant titles streamed days or even weeks ahead of their launch dates. For example, he played Mario & Luigi: Brothership 16 days prior to its November 7 release and The Legend of Zelda: Echoes of Wisdom five days ahead of its September 26 release. Nintendo claims he played these games on a Windows PC or a hacked Nintendo Switch, suggesting he circumvented their technological measures to combat piracy.
The lawsuit seeks to completely shut down Keighin’s operations, demanding the removal of streams and videos, as well as the seizure of emulators, hacked devices, and hard drives containing the alleged pirated games. Nintendo is pursuing $150,000 for each alleged violation of its rights under the Copyright Act and $2,500 for each violation of the anti-circumvention and anti-trafficking provisions. Alternatively, Nintendo may opt to seek “actual damages,” which would include lost profits and Keighin’s earnings, the amounts of which would be determined at trial.
A spokesperson for Nintendo of America confirmed the lawsuit, stating, “We can confirm that we filed a lawsuit against an individual who has engaged and continues to engage in clear infringement of Nintendo’s IP rights, as well as violations of our Game Content Guidelines. 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.”