Nintendo's crusade against emulators continues, with a serious lawsuit being filed against a Twitch streamer who continually played and livestreamed footage of leaked copies of Nintendo Switch games. A copy of the legal proceedings, acquired by news site TorrentFreak, details five different charges pressed to one Jesse Keighin, who uses the handle EveryGameGuru. Keighin had multiple channels and outlets where they were posting videos and streams of gameplay from at least ten Switch titles, all of which had been leaked and made available online prior to their release dates.

These charges are serious, and go beyond just streaming the games, as well.

Defendant is a recidivist pirate who has obtained and streamed Nintendo’s leaked games on multiple occasions. Leaked games (sometimes referred to as ‘prerelease games’) are copyrighted video games which Nintendo has not yet publicly released.

Since these games were not officially released at the time of the footage being taken, Nintendo alleges that these copies that Keighin was playing were pirated, and thus obtained illegally. Instructions on how to find the NSP/XCI files of leaked games were included in the streams, which would also mean the facilitation of piracy. On top of that, both Yuzu and Ryujinx have ended development, rendering the emulators "illegal software", and thus another crime. Continuing on, promoting illegal circumvention tools is a violation. Finally, distributing the prod.keys file allowing for running these pre-release leaks is the final charge, totaling the offenses at five.

For the first two charges, Nintendo is seeking $150,000 in damages for each instance of copyright infringement, and the third through fifth charges are fined at $2,500 per violation, per crime. In total, Nintendo is seeking a $2.4 million dollar settlement altogether.

Source

 

[Deleted member 611696]

I didn't know you could just make up your own crimes these days, that's pretty cool. I'll have to try and think up some good ones for the lols.

Surprised they even brought up suyu and sudachi, as I've said in the threads on these latest lawsuits before, I used to be part of suyu but left since the team was too childish

 

[Hanafuda]

I personally don't care to defend him, his fault entirely. But Nintendo is a million times worse, because they don't need to act like absolute dictators either, no other company does so.

So yeah, absolutely agreed, but Nintendo is going way too far.

If Nintendo gave him warnings and he persisted anyway, were they really acting like "absolute dictators" to follow through on it?

 

[Deleted member 719522]

I used to be part of suyu but left since the team was too childish

What did they do that was childish?

 

[Space_Goddess_Samus_Aran]

ALL YOU HAD TO DO WAS, TO SUE THE SHIT OUT OF EM, NINTENDO!

 

[samcambolt270]

even people who get review copies of video games are restricted to recording a certain amount of time of gameplay.

This isn't actually true. Reviewers who get early copies are only restricted via a social contract that restricts them on the assumption that, if they break the social contract, they lose future access to early copies and can only sue if there was a specific nda for it. Its merely an embargo. This does not apply to anyone not under that social contract or nda. Nintendo doesn't have the power to control people who get the game early through legal channels.
The only option they have is utilizing dmca to take down early videos, not take legal action against them. Therefore, unless they can specifically prove with a preponderance of evidence that he pirated the game (the plaintiff has the burden of proof) then they would have to argue that early streaming as a whole would harm sales.Considering that no one has been able to prove that streaming harms sales to begin with, they have a tough fight ahead to prove that just because the streaming was early that it magically hurt 2.4 million dollars worth of sales.
If they can prove the game was pirated, the only lost sale they could obtain is the one that was pirated, as either way, the viewers wouldn't know the difference. They would have to be able to prove that streaming specifically (not pirating) caused the harm which has no bearing on the initial method of acquisition.

 

[Bladexdsl]

streamers are the reason all this dmca bs is happening now. pirating and emus used to remain in the underground until these parasites showed up and started broadcasting it to the world! fuck all of them

 

[Kioku]

Play stupid games, win stupid prizes. Regardless of your stance on Nintendo, or financial circumstances, or whatever, you're not entitled to free shit.

 

[MasterJ360]

I can't defend this idiot. Its the very same reason why Nintendo shut down our emulators. Dummies like him only care about getting the views first than anything else.

 

[RyanTheArchivist]

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Nintendo's crusade against emulators continues, with a serious lawsuit being filed against a Twitch streamer who continually played and livestreamed footage of leaked copies of Nintendo Switch games. A copy of the legal proceedings, acquired by news site TorrentFreak, details five different charges pressed to one Jesse Keighin, who uses the handle EveryGameGuru. Keighin had multiple channels and outlets where they were posting videos and streams of gameplay from at least ten Switch titles, all of which had been leaked and made available online prior to their release dates.

These charges are serious, and go beyond just streaming the games, as well.



Since these games were not officially released at the time of the footage being taken, Nintendo alleges that these copies that Keighin was playing were pirated, and thus obtained illegally. Instructions on how to find the NSP/XCI files of leaked games were included in the streams, which would also mean the facilitation of piracy. On top of that, both Yuzu and Ryujinx have ended development, rendering the emulators "illegal software", and thus another crime. Continuing on, promoting illegal circumvention tools is a violation. Finally, distributing the prod.keys file allowing for running these pre-release leaks is the final charge, totaling the offenses at five.

For the first two charges, Nintendo is seeking $150,000 in damages for each instance of copyright infringement, and the third through fifth charges are fined at $2,500 per violation, per crime. In total, Nintendo is seeking a $2.4 million dollar settlement altogether.

Source

So he deserved it? He quite literally asked for it.

Post automatically merged: Nov 9, 2024

Another site reporting on this showed an email from him to Nintendo’s DMCA email address along the lines of “I’ve got an infinite number of burner accounts”. I really have no sympathy here.

This is true yes. He started bragging to Nintendo about how they couldn't stop him as he could just keep making accounts.

 

[ChronosNotashi]

This idiot could cause an event to where a slippery slope occurs with streamers playing Nintendo games period. Old or new. We know they'd do it, given the chance.

What's worse, if the idiot decides not to settle and pushes this all the way to a ruling, it's very unlikely that the courts would rule favorably for him given the evidence noted in the lawsuit (and evidence that could be presented - or lack of defensive evidence on the streamer's end). And if one of the idiot's examples for his defense is Sony vs. Connectix...well, we might see a ruling that renders that case obsolete through a new precedent, affecting everyone.

It's in our best interest for this streamer to just take the L already and give up. He's already antagonized Nintendo to the point of filing a lawsuit instead of settling for account takedowns. It can only get worse for him (and potentially everyone else) from here if he decides to challenge the lawsuit.

I take it you weren't part of it in the 1980s? It absolutely was underground. Literally, in some meet-ups.

Pretty much this (though I wasn't alive during the 1980's, I'm aware of certain things of the era). What's going on in the "underground" today isn't "underground" anymore. It's basically like pirates doing their business out in the open. In the middle of a 4-way intersection. In broad daylight. Surrounded by hundreds of people, including police officers, lawyers, and cameramen. And shouting at the top of their lungs, "Look at us! We're committing piracy! Just try to do something about it!" It's just plain dumb.

 

[Lumpofcoal]

Here's a link to the suit if you wanna have a read:

https://www.documentcloud.org/documents/25282180-govuscourtscod23864710

Source: Courtesy of 404 media

 

[Blasingame]

Remember when people just played leaked early releases on their console and didn't stream them / announce it to the world?

Pepperidge Farm remembers...

 

[ChronosNotashi]

If they can prove the game was pirated, the only lost sale they could obtain is the one that was pirated, as either way, the viewers wouldn't know the difference.

Unless, of course, they can argue that the streamer was complicit in guiding others on how to pirate games, which could make the stream liable of facilitation of piracy (one of the charges noted in this article) as the pirates he allegedly got pirated copies of the games early through. Meaning that, if proven true, the streamer would be liable for way more damage than "the one that was pirated".

 

[Vetusomaru]

nintendo attacking normal people now.

Dude, he was streaming a game that wasn't even released at the market. Play stupid games, win stupid prizes. Also people who make money from streamings aren't "normal people".

Post automatically merged: Nov 9, 2024

Anyone that defends the streamer has got to be next level delusional

That and they love whining about anything that Nintendo does while they have no problem when other companies do the same and even worse. Like when people were getting banned from video games communities for spoiling The Last of Us 2 and for informing people how awful it is before its release.

 

[linuxares]

Remember when people just played leaked early releases on their console and didn't stream them / announce it to the world?

Pepperidge Farm remembers...

Welcome to the world of narcissism. Social media was a mistake.

 

[The Catboy]

I see loads of videos of the leaked games being played, whys this person so special??

Nintendo loves to pick someone as an "example" of what they might do to others. They did the same thing to Gary Bowser

 

[kijetesantakalu042]

Where have I heard this before...

 

[Vetusomaru]

Because of stupid @#$%^&! like that streamer we get more and more pirate sites shut down

 

[BlusterBong]

On today's episode of fucking arround and finding out....

was only a matter of time streamers think they are invincible. even though it's assholetendo I'm actually glad this finally happened to one of them. rule number one in pirating: don't post your fucking receipt!

and on today's episode of self-flagging thyself...

 

[ChronosNotashi]

Because of stupid @#$%^&! like that streamer we get more and more pirate sites shut down

Not to mention, as I said above, risking setting legal precedents that could impact emulators and actual legal game preservation efforts way more than today's pirating culture already does.