Nintendo files lawsuit against streamer for pirating games and playing them pre-release

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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.

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.

:arrow: Source
 
One biggest problem if someone did streamer online internet to show off due to public. Never do that. This "public" is very dangerous means most companies can do very easy to catch person who do that. Do not use Live video / stream for public! Never, never do that. Must use private only instead from public means companies will never catch them period. Private is best ever for your defense period.

There is growing problems from people will make huge threats to Nintendo anytime soon. Some people will seek and search where power lines connect to Nintendo company then will knock electric power line off anytime in one day. Power lines are very fragile today technology means very easily to destroy them in seconds! Not minutes or hours or days! Power outage hit Nintendo very hard! Brick all devices when power go down then all tons of devices will end up go to e-recycle. Power outage for Nintendo! Don't matter if someone are clever and can disable power from power plants anytime without warning put risk to millions of people without power! All foods can go to rot quickly then go to waste to landfill quickly. Repair will take forever like weeks, months or years to fix power.
 
Sega has killed several dozens of youtube channels at some point because they had old Shining Force gameplay on them.

No warning. Just sent every channel several copyright strikes. The biggest and most famous of the bunch managed to appeal but most of them just go deleted and they never came back. Many reviewer boycotted Sega for years after that.
 
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This streamer's actions were just outright stupidity, and I wouldn't have even gone that far to stick it to Nintendo. Last time I checked, that's not how you sail the 7 seas. On top of receiving compensation from Twitch during those streams, smfh...
I'm a firm believer that actions like this are ultimately what lead to the DMCA'ing of emulators. Both Yuzu and Ryujinx went down after their abilities to play leaked games were showcased on the garbage rags. Both were Zelda titles, and both had clickbait articles written about them saying "LOOK AT THIS EMULATOR PLAY THIS STOLEN GAME BETTER THAN THE SWITCH LAWL". If Nintendo ever acts draconically, it's when their games leak. Take it from someone who's 3DS is still banned, heh. The hubris of pirates will always be their undoing.
 
Because you're not paying attention to Microsoft in the slightest.
Agreed. Sony is also one of the most aggressive companies when it comes to anti-piracy. They're part of the RIAA, and for those who don't know, they control the rights to the majority of music distribution and copyright. They're the ones going after these AI song generators, and they're also the ones who got ytdl temporarily pulled.
 
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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.

:arrow: Source
this is like
"HELLO GUYS WELCOME BACK TO THE CHANNEL TODAY WE'RE LIVESTREAMING AND WE'RE GOING ON A KILLING SPREE"
like you're livestreaming a fucking crime
 
I'm a firm believer that actions like this are ultimately what lead to the DMCA'ing of emulators. Both Yuzu and Ryujinx went down after their abilities to play leaked games were showcased on the garbage rags. Both were Zelda titles, and both had clickbait articles written about them saying "LOOK AT THIS EMULATOR PLAY THIS STOLEN GAME BETTER THAN THE SWITCH LAWL". If Nintendo ever acts draconically, it's when their games leak. Take it from someone who's 3DS is still banned, heh. The hubris of pirates will always be their undoing.
Facts. Although, I do condone game preservation (which could be considered piracy) for one's own personal enjoyment in the privacy of their own domicile, I don't respect profiteers who parade that shit (game leak streams) around the internet for attention and clout, but what's worse, they did it for notoriety and compensation. Even though I sail the 7 seas, what puts the game preservation cause in harm's way is when opportunists like that streamer promotes piracy by instructing his unsuspecting viewers how to do it while providing both Prod and Title keys in the process of facilitating said piracy. That dumb ass streamer deserves all the trouble he has coming to him, and I think this whole social media era has literally caused societal mental decay for a certain group of Neanderthal individuals.
 
I doubt I’ll ever say this again, but I’m happy for Nintendo to take this guy out, even if the amount they’re claiming is mightily excessive. Theres Nothing worse than a bully, which Nintendo’s definitely is, but trolls come pretty close. He poked the hornets nest with a stick one too many times.
 
Facts. Although, I do condone game preservation (which could be considered piracy) for one's own personal enjoyment in the privacy of their own domicile, I don't respect profiteers who parade that shit (game leak streams) around the internet for attention and clout, but what's worse, they did it for notoriety and compensation. Even though I sail the 7 seas, what puts the game preservation cause in harm's way is when opportunists like that streamer promotes piracy by instructing his unsuspecting viewers how to do it while providing both Prod and Title keys in the process of facilitating said piracy. That dumb ass streamer deserves all the trouble he has coming to him, and I think this whole social media era has literally caused societal mental decay for a certain group of Neanderthal individuals.
%100. I don't care if something leaks, but please don't use that to ruin things for everybody else because you aren't creative enough to come up with something more lucrative. I use emulation to enjoy things I never got to as a kid because we never had the money for it when growing up. And nowadays, the cartridge market is so saturated with counterfeits that it's incredibly difficult to find a seller that's both reasonable and not a scammer. If it weren't for the preservation scene, all these potential experiences would just be lost to time, scams, and scalpers. The Switch is no different, and the resell market for it is going to look exactly the same, if not worse, in about 10 years when today's kids turn into nostalgic adults.
 
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%100. I don't care if something leaks, but please don't use that to ruin things for everybody else because you aren't creative enough to come up with something more lucrative. I use emulation to enjoy things I never got to as a kid because we never had the money for it when growing up. And nowadays, the cartridge market is so saturated with counterfeits that it's incredibly difficult to find a seller that's both reasonable and not a scammer. If it weren't for the preservation scene, all these potential experiences would just be lost to time, scams, and scalpers. The Switch is no different, and the resell market for it is going to look exactly the same, if not worse, in about 10 years when today's kids turn into nostalgic adults.
You and me are speaking the same language. I didn't really get immersed into emulation till 2004, and I remember it was at a time before open world games where players could free roam 3D spaces became a thing, and the old school arcade games from yesteryear I came across which were mainly CPS1-3 games opened my mind to what I had been missing out in the arcades when I was a kid in the 90s since I was too young to go and I didn't grow up around a lot of money. W/ the influx of counterfeit carts and the risk of disc rot and corrosion, and/or normal wear and tear through use over time, I avoid collecting physical games for that very reason and would prefer storing games digitally on the numerous (multi-terabyte) hard drives that I own and use flash carts to play them on real hardware or just emulate them on the numerous electronic devices that I own that have the capability to run those roms. Yeah, game preservation will potentially be lost to time whether it be due to game publishers like Nintendo putting an axe to websites storing roms, the slow, but painful death of today's game expiring over time, or the egregious markup of classic games being sold in the second-hand market.
 
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Hello Ninjas, I salute you from the GBATemp Hotel.
Boy howdy, they must have a bot that submits these things or something. Does Nintendo not know that IPS patches aren't exclusive to this ecosystem, and they can be created with numerous other tools? Here's 5 of them, and these are just the ones I found for Linux.
https://github.com/chungy/cmdpack/blob/master/uips.c
https://github.com/kylon/Lipx
https://github.com/Alcaro/Flips
https://github.com/btimofeev/lazy_ips
https://bisqwit.iki.fi/source/snescom.html
 
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.
That's the good take to have. I don't even see the benefits they would get by chasing small youtubers or streamers. They're spending so much time and money on « this », that's crazy


They're obviously so scared for the Switch 2 lol, but I don't think it's going to do much in the long run. Kinda like how YouTube tried to fight adblocks so hard and it just made them better, when the Switch 2 comes and people will try to hack it, they will just get better at avoiding censorship.
 
Last edited by LightBeam,
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People blasting the streamer for being dumb and advertising his own piracy are ignoring the fact that Nintendo are suing him for millions of dollars that he does not own and never made. The punishment simply does not match the crime, and Nintendo's legal crusade is unique to them as opposed to basically every gaming company on the planet. 35% of all PC players on Steam pirate, but you don't see Valve "making an example" out of people.

Keep in mind that shoplifting, actual literal theft, will usually result in no more than 1 year of prison time and a fine of around $10k. Nintendo on the other hand has people serving multiple years in prison and needing to pay them over a dozen million in compensation for pirating licenses to games that, in total, can't possibly be valued at more than $1k. The fact that Nintendo fans don't see the issue here is appalling.
 

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