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

 

[Dark_Ansem]

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.

I agree with all of this.

 

[urbanman2004]

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.

High dollar judgments have always been Nintendo's M.O. when it comes to their lawsuits (regardless of what the complaint might've been for) so if the streamer didn't learn from the example of Nintendo's prior litigants (Defendants) then that's on the streamer and they have no one else to blame. PC gaming piracy isn't the same since it's not based on a closed walled garden like Nintendo's console and Valve (which owns Steam), while they own their own storefront for selling game titles that can be played on their platform isn't primarily a publisher and there are more storefronts aside from Valve's on PC from other publishers for playing PC games as well. I highly don't agree w/ the sentencing received by the Defendants.

 

[HalfScoper]

Another prime example of the people here crying about N's actions, not understanding how the laws in Japan work, where N has their founding headquarter. Cheating/hacking/etc. is illegal by law and making profit off of that is criminal.

In situations like these one incident always pops back into my mind, which was someone hacking Pokemon games and selling hacked 'Mons as in trading them against payment. Hacking the 'Mons was illegal, selling them was criminal, therefore he had to pay a hefty sum and had to serve jail time.

This current case isn't much different - obtaining, playing and streaming leaked content was illegal (and stupid af to begin with), however monetizing the videos and using CashApp to ask for donations (and offering help to obtain and play illegal content in return) was criminal, period.

People also seem to ignore the part, where the defendant outright provoked Nintendo by stating he has several burner accs and won't stop what he's doing.

I really see no reason why people always get so upset because they simply cannot grasp the whole situation.
Comparing to that, I personally feel that the streamer totally got what he deserved and moreover asked for.

 

[BlazeHeatnix]

High dollar judgments have always been Nintendo's M.O. when it comes to their lawsuits (regardless of what the complaint might've been for) so if the streamer didn't learn from the example of Nintendo's prior litigants (Defendants) then that's on the streamer and they have no one else to blame.

People also seem to ignore the part, where the defendant outright provoked Nintendo by stating he has several burner accs and won't stop what he's doing.

You learn the wrong lessons from this ordeal every single fucking time it happens. Advertisements run rampant and you blame people for using adblockers. Fair use with music on Youtube is nonexistent, and you blame people for pirating music. Companies gather data on you 24/7 based on your actions and you don't own your software anymore, and you say "well, you should've thought of that before you signed the EULA".

You seem to be of this mindset that companies can do whatever the fuck they want and everyone else just has to stay in line. That we have to appease their wishes, or else it's our fault and we deserve whatever they deem is fair punishment, because you're completely comfortable with big corporations being the judge, jury, and executioner over what's fair in society. Your bar for what's acceptable for a company like Nintendo to do only stops at what's illegal, despite the fact that they control what's illegal and what isn't.

You don't have one bit of a spine left in you to fight or even speak out against corporate corruption and injustice. You can't think for yourself what's right and wrong, instead you let these giant corporations decide for you.

 

[Tomtani1]

The leaked games must have been played using Atmosphere. I am afraid Nintendo will go after Atmosphere soon.

 

[Deleted member 702243]

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....

billy mitchell approved

 

[impeeza]

The leaked games must have been played using Atmosphere. I am afraid Nintendo will go after Atmosphere soon.

They tried but Atmosphère team has been so careful to not bend nor break any rule nor law.

 

[Bladexdsl]

the fact that Nintendo are suing him for millions of dollars that he does not own and never made.

they did the same thing to kongnutz they are sending a message to streamers by making an example of this guy. the message never works though because people sill leaked the games long after kongnutz. this guy made the same mistake kongnutz did he posted his receipt (he live streamed the video and they were able to track the idiot)

 

[urbanman2004]

You learn the wrong lessons from this ordeal every single fucking time it happens. Advertisements run rampant and you blame people for using adblockers. Fair use with music on Youtube is nonexistent, and you blame people for pirating music. Companies gather data on you 24/7 based on your actions and you don't own your software anymore, and you say "well, you should've thought of that before you signed the EULA".

You seem to be of this mindset that companies can do whatever the fuck they want and everyone else just has to stay in line. That we have to appease their wishes, or else it's our fault and we deserve whatever they deem is fair punishment, because you're completely comfortable with big corporations being the judge, jury, and executioner over what's fair in society. Your only bar for what's unacceptable for a company like Nintendo to do only stops at what's illegal, despite the fact that they control what's illegal and what isn't.

You don't have one bit of a spine left in you to fight or even speak out against corporate corruption and injustice. You can't think for yourself what's right and wrong, instead you let these giant corporations decide for you.

But what did I say that was wrong? If you go back to all of Nintendo's previous lawsuits involving ordinary civilians, Nintendo has always attached exorbitant dollar amounts for relief in their judgments/settlements whether you like it or not, whether it be RomUniverse's Lawsuit; Team Xecuter's Lawsuit involving Gary Browser; or the Seller of 'hacked' NES Classic's Lawsuit. I'm not here to debate if whether it resolves anything or prevents the same actions from recurring.

 

[aykay55]

Wow that's a lot of money

 

[Tomtani1]

They tried but Atmosphère team has been so careful to not bend nor break any rule nor law.

Nintendo's lawyers will just bully Atmosphere with a multi-million lawsuit. Atmosphere will not have the money to hire a lawyer and will just give in to Nintendo's settlement. No court hearing. Just bully Atmosphere out of business with scare tactics. We have seen Nintendo done recently with Yuzu and Ryujinx. No court hearing needed.

 

[BlazeHeatnix]

But what did I say that was wrong? If you go back to all of Nintendo's previous lawsuits involving ordinary civilians, Nintendo has always attached exorbitant dollar amounts for relief in their judgments/settlements whether you like it or not, whether it be RomUniverse's Lawsuit; Team Xecuter's Lawsuit involving Gary Browser; or the Seller of 'hacked' NES Classic's Lawsuit.

You still don't get it. Let me break it down for you as I would a toddler: the correct response, when a working class citizen is hit with a multi-million dollar lawsuit from a giant megacorporation, is not "he shouldn't have provoked the megacorporation". The correct response is "megacorporations need to stop hitting working-class citizens with multi-million dollar lawsuits".

I'm not here to debate if whether it resolves anything or prevents the same actions from recurring.

And that's how I know that you don't give a shit about the things you preach elsewhere.

If you truly gave a shit, then you would realize this issue is far bigger than one guy streaming leaked video games, far bigger than Nintendo. But you don't.

 

[urbanman2004]

You still don't get it. Let me break it down for you as I would a toddler: the correct response, when a working class citizen is hit with a multi-million dollar lawsuit from a giant megacorporation, is not "he shouldn't have provoked the megacorporation". The correct response is "megacorporations need to stop hitting working-class citizens with multi-million dollar lawsuits".

And that's how I know that you don't give a shit about the things you preach elsewhere.

If you truly gave a shit, then you would realize this issue is far bigger than one guy streaming leaked video games, far bigger than Nintendo. But you don't.

First of all there's no need to be condescending and 2nd of all, why are you moving the goal post? I made my position coherently clear earlier and unfortunately, b/c I don't side w/ you, you throw out ad hominems while trying to dig up older posts I made from 9 months ago (elsewhere on reddit of all things) as if that proves anything which is pathetic to say the least. I'm over here being diplomatic while you have to stoop to childish antics just to get a moot point across, smh. I've already made plenty of "frenemies" on this site over my commenting/rhetoric and somewhat controversial views/takes, and I refuse to entertain your disgruntled grievances for your attention starved ego . Cool story bro, but you can die on your own island now, good riddance.

 

[HalfScoper]

I made my position coherently clear earlier and unfortunately, b/c I don't side w/ you, you throw out ad hominems while trying to dig up older posts I made from 9 months ago (elsewhere on reddit of all things) as if that proves anything which is pathetic to say the least. I'm over here being diplomatic while you have to stoop to childish antics just to get a moot point across, smh.

Those kinda people in a nutshell. Constructive criticism? Hell no. Trying to dig up stuff about someone they disagree with? Classic.
Best to ignore and let them cry about it, it's not like their whining is gonna phase N in any way, contrary to what they believe.

 

[BlazeHeatnix]

First of all there's no need to be condescending and 2nd of all, why are you moving the goal post? I made my position coherently clear earlier and unfortunately, b/c I don't side w/ you, you throw out ad hominems while trying to dig up older posts I made from 9 months ago (elsewhere on reddit of all things) as if that proves anything which is pathetic to say the least. I'm over here being diplomatic while you have to stoop to childish antics just to get a moot point across, smh. I've already made plenty of "frenemies" on this site over my commenting/rhetoric and somewhat controversial views/takes, and I refuse to entertain your disgruntled grievances for your attention starved ego . Cool story bro, but you can die on your own island now, good riddance.

I have zero sympathy, and zero tolerance, for people who never learned the same very basic lessons the rest of us learned as children: that the rich elite are the enemy, they are not your friend, and they do not deserve the benefit of the doubt by default. That they are guilty until proven innocent, and that they are not people. I have no sympathy for sellouts and corporate shills. I have no tolerance for people like you, who claim to support a cause and then make exceptions for the bing bing wahoo company when they destroy peoples' lives. You are the reason why Disney can sue a daycare center for having their characters on the walls. You are the reason why everything is owned by 3 corporations. You are the reason why copyright has been extended indefinitely. And you are the reason why Nintendo is only going to get more evil.

So yes, I am going to insult you, and I'm not going to respect you, or others like you, because you represent the very worst aspects of capitalism. FUCK you.

 

[chrisrlink]

High dollar judgments have always been Nintendo's M.O. when it comes to their lawsuits (regardless of what the complaint might've been for) so if the streamer didn't learn from the example of Nintendo's prior litigants (Defendants) then that's on the streamer and they have no one else to blame. PC gaming piracy isn't the same since it's not based on a closed walled garden like Nintendo's console and Valve (which owns Steam), while they own their own storefront for selling game titles that can be played on their platform isn't primarily a publisher and there are more storefronts aside from Valve's on PC from other publishers for playing PC games as well. I highly don't agree w/ the sentencing received by the Defendants.

the're honestly should be a limit on judgemens how are people suppose to live while paying off big corps a settlement (til they die most likely) either that or declare banruptcy to vacate the settlement entirely without paying a dime

 

[BlusterBong]

You learn the wrong lessons from this ordeal every single fucking time it happens. Advertisements run rampant and you blame people for using adblockers. Fair use with music on Youtube is nonexistent, and you blame people for pirating music. Companies gather data on you 24/7 based on your actions and you don't own your software anymore, and you say "well, you should've thought of that before you signed the EULA".

I'd also like to point out that the people who do end up on the ire of Nintendo who end up making thier case as bad as possible (like this example) only give them more and more ammunition to just keep going further because it gives them more legal precedent AND easily apply it to more people and or perceived threats, which inturn allows the cycle to continue accelerating more and more until they end up finding a way to successfully lobby courts to make the thing they want gone completely illegal.

 

[ZeroT21]

We all know Nintendo considers 3rd party emulation of their games to be an criminal act in itself regardless of what we think

 

[LexDG]

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.

Where does your 35% number come from?

 

[BlazeHeatnix]

I'd also like to point out that the people who do end up on the ire of Nintendo who end up making thier case as bad as possible (like this example) only give them more and more ammunition to just keep going further because it gives them more legal precedent AND easily apply it to more people and or perceived threats, which inturn allows the cycle to continue accelerating more and more until they end up finding a way to successfully lobby courts to make the thing they want gone completely illegal.

You're right, which is precisely why it's so important to protest against the broken systems that Nintendo are a symptom of. We absolutely cannot keep letting them get away with this, and we cannot keep making excuses for them. This is only going to get worse, otherwise. Be prepared for a DMCA sent to more emulators, more ROM archives, Github, Archive, and even this website.

Where does your 35% number come from?

https://www.pcgamer.com/pc-piracy-survey-results-35-percent-of-pc-gamers-pirate/

Admittedly, it's 8 years old, but it's the most recent data we have.