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

 

[NinStar]

I respectfully disagree. A person could have 50 subscribers but have thousands of views that led to thousands of downloads of pirated content.

It is not impossible, just very (very) unlikely, if he really had thousands of views on his videos, we would expect him to have a follower count of a few hundred at the very least. Especially in this situation, we're talking about a guy who supposedly did this 50 times.

 

[K3Nv4]

If you make light of stupid expect stupid things to happen.

 

[ATKOtter]

But someone with 5 wouldn't have 2 million views

I have about 250 subs on youtube and my biggest video has 200k views. Subscribers really don't matter in the grand scheme of things. What really matters is just what people decide to watch or what the algorithm puts on their feed.

Nintendo only sued the guy because he kept doing it after being DMCAd and copyright claimed numerous times.
I'm anti-corporation but at a certain point you have to blame the person for being a giant fucking idiot.

 

[Kingofknights]

Why does most gbatemp article feel so bias? It's like they're trying to spin the narratives.

The first line mentioned "Nintendo is going hard against emulator" - They are not.

The article mentions him playing early copy of the game but knowingly hiding the fact that he received multiple dmca and decided not to stop and even taunt Nintendo with "I have thousand of burner accounts" which is very important and stand out but somehow doesn't included.

It's like they're trying to paint this as "Nintendo going after your legal emulator and an innocent man that receive his copy early. Huh huh". At least that's what I would get if I haven't already read about this somewhere else with more context.

 

[Osha]

But someone with 5 wouldn't have 2 million views

You'd be surprised, highly anticipated content will be sought after even if it's a lightning in a bottle kinda deal.

 

[NinStar]

Why does most gbatemp article feel so bias? It's like they're trying to spin the narratives.

The first line mentioned "Nintendo is going hard against emulator" - They are not.

The article mentions him playing early copy of the game but knowingly hiding the fact that he received multiple dmca and decided not to stop and even taunt Nintendo with "I have thousand of burner accounts" which is very important and stand out but somehow doesn't included.

It's like they're trying to paint this as "Nintendo going after your legal emulator and an innocent man that receive his copy early. Huh huh". At least that's what I would get if I haven't already read about this somewhere else with more context.

You are being naive, the guy in this specific case is in the wrong, I think everyone gets that at this point, but Nintendo used the same narrative they always use against emulation:

They can use that exact same argument against anyone who bought and dumped their own copy of a game to play on an emulator.

 

[Cupra]

I have never ever haard in last 10 years that Microsoft attacked peoples or Sony attacked peoples or SEGA attacked peoples. Its ONLY Nintendo always. Nintendo is obsessed with money.

 

[Guacaholey]

Retailers break street dates all the time, but I doubt this guy had enough foresight to get a receipt dated prior to when he streamed it, so he's probably screwed.

With the rate they're ruining lives at, you have to wonder when Nintendo-themed prisons will start being built.

He probably doesn't even need to go that far. If he had shown a physical copy of the game on stream he could easily make the argument he had the right to play it. This is based on the assumption he actually got the game from somebody and didn't pirate it.

 

[Deleted member 719522]

It sounds to me like he's a kid who waved his dick in front of a lion and got bitten.

 

[LightyKD]

That was pretty stupid to stream it. The ninjas are everywhere, always watching.

Exactly! I'm all for piracy but at least try to be smart about it! This fool decided to stream his pirated games . He was begging for Nintendo to wreck his day.

 

[Dark_Ansem]

He went out of his way to antagonize nintendo, that's just mad. Also, 2.5 million from a private citizen?

 

[raxadian]

That was pretty stupid to stream it. The ninjas are everywhere, always watching.

I have been saying that playing pirated games before release while being online is really stupid for a while.

 

[HarveyHouston]

IT. NEVER. ENDS.

 

[Deleted member 611696]

What did they do that was childish?

Well, they were repeatedly arguing in dev channels on their discord server, when the server got banned they created an infamous allegation that Yuzu and Ryujinx devs used Nintendo dev SDKs, meaning the whole source was corrupted, they could only half prove it for yuzu, but decided to not work on suyu again (this group of suyu devs are now making a Ryujinx fork), suyu's creator Crimson used to applaud me for giving updates on suyu after it went on freeze (gathering new devs after the old ones left, diffusing drama with other emulators, general bits and pieces) but then when suyu was actually going somewhere and Mr sujano stopped making videos on it, he started swearing and rambling on, someone from suyu's past started stalking my social medias and then after a hiccup that resulted in my discord account being mistakenly banned, decided to say that I was involved with the creation of the UK riots because of political stances that had nothing to do with emulation, after merging some PRs etc that suyu's creator tried to merge (couldnt due to problems with the site itself hosting the code) I just closed and reopened which fixed the issue so I merged, and despite testing it himself he claimed it was broken and blamed me for it, then started repeatedly swearing and insulting me, claiming I had brought nothing to the project despite the devs I brought on outnumbering the devs he had brought on at the time, and that I was the only person that had organised the git project page or done anything for the project in the 6 months he spent getting downvoted to oblivion on Reddit. A dev that suyu's creator has replaced me with as project manager reached out to me and actually told me what was going on about the state of everything and I ensured that since I was planning to leave anyway (my deal from the start was that when it gets back on it's feet i would leave) I would hand over as much as i could to him, he then also randomly threatened to track me down and beat me up if I leaked anything :/ so there's that. Myself and alot of others seem to have been blocked from seeing the source code for suyu after the creator got pissy again because he only now noticed something I did 2 months after I had done it, which was before I told him I wasn't going to touch anything code related at all, so his perception of time seems to be like a flux capacitor with dementia, anyways, I'm trying to leave and I've effectively been forced out but can't actually go yet since most of the new devs talk to suyu through me and I can't hand anything over since the new project lead is awol and suyu's creator doesn't want to talk to me, being awol and refusing to collaborate being very common themes in this emulator's development

 

[x149te]

I have never ever haard in last 10 years that Microsoft attacked peoples or Sony attacked peoples or SEGA attacked peoples. Its ONLY Nintendo always. Nintendo is obsessed with money.

 

[KasaiWolf]

Um yeah if it had gotten it to play it silently before release then yeah cool but he obviously did it with the intent on growing his fan base and sub count, and frankly that was stupid.

 

[Frexxos]

With only reading the first article in this thread and not all comments: Not really sorry for that guy.
What are you expecting when you are streaming a game which is not released and you got it obviously as a download...
On this platform here we have a strict rule: no warez and links and exact that for a reason.

This guy wanted the fame, wanted the clicks and he got it for the price of trouble.
He could enjoy like the most here in this forum, this title in all silence and peace for himself. There is absolute no need to tell the whole world that you got the game earlier.

I am happy that we have leaks and we can enjoy stuff earlier but there is not a single rational thought that I should tell this everyone and post it everywhere.
Thats my opinion on this matter in general.

 

[isoboy]

Switch 2 cfw, baby. No other way. I'll wait.

 

[Deleted member 702243]

Why does most gbatemp article feel so bias? It's like they're trying to spin the narratives.

The first line mentioned "Nintendo is going hard against emulator" - They are not.

The article mentions him playing early copy of the game but knowingly hiding the fact that he received multiple dmca and decided not to stop and even taunt Nintendo with "I have thousand of burner accounts" which is very important and stand out but somehow doesn't included.

It's like they're trying to paint this as "Nintendo going after your legal emulator and an innocent man that receive his copy early. Huh huh". At least that's what I would get if I haven't already read about this somewhere else with more context.

clickbait, it's the standard these days

 

[Lostbhoy]

To the tune of the village people YMCA

"Nintendo hit me with a DMCA
Nintendo hit me with a DMCA

I was playin a game,
It was only on MAME,
but they knockin my door again!

Nintendo Hit me with a DMCA......"


It's a No1 record man....