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

 

[BigOnYa]

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

 

[AndorfRequissa]

nintendo attacking normal people now. they really have no shame. the streamer was stupid but from a PR standpoint whose worse? nintendo imo

 

[JuanMena]

Haha! What an idiot.
I read this yesterday in Reddit.

 

[NinStar]

Based on the screenshots Nintendo put in their lawsuit it shows that the guy only had 52 subscribers on YouTube and 15 followers on Twitch. The amount they are seeking for allegedly damage is just absurd.

 

[The Real Jdbye]

They're never gonna see that $2.4m. The guy isn't making enough Twitch money. It's just gonna be another kongsnutz situation.

Based on the screenshots Nintendo put in their lawsuit it shows that the guy only had 52 subscribers on YouTube and 15 followers on Twitch. The amount they are seeking for allegedly damage is just absurd.

Wow, yeah. Damages claims are usually stupid but that takes the cake. We'll see what the courts say about it, I doubt they'll grant Nintendo the full amount. Really when the amounts are as absurd as this the best course of action for the courts would just be to reject the lawsuit and ask the company/person to resubmit with more reasonable numbers. The judicial system should not allow people to attempt to abuse it like this.

 

[LokeYourLord]

Based on the screenshots Nintendo put in their lawsuit it shows that the guy only had 52 subscribers on YouTube and 15 followers on Twitch. The amount they are seeking for allegedly damage is just absurd.

Because they aren't trying to do things proportional to the "crime" that was committed anymore, they are trying to be as outrageously absurd and behave like dictators of their oh-so-precious, mostly mediocre games which certainly don't deserve such extreme DRM control regardless of how good or bad they are.

Another thing that is outrageously wrong, is the notion that there is a thing such as "illegal software". There's not. The emulators have ceased development, but RyujiNX for example did so voluntarily and not because it lost any legal battle. Claiming it is "illegal software" is downright fear mongering and disgusting, and anyone using such terms should be deeply ashamed of their very obvious bias. Software itself cannot be "illegal", only what you do with it. And RyujiNX isn't illegal regardless of either statement, since you can totally utilize it at your leisure in free nations of the world that aren't ruled by dictatorial Japanese shitfaced businesses wanting to play "pretend fascist dictator" regime.

I am so damn fucking sick and tired of Nintendo, and they have to hit the wall at the some point, but because very obviously paid-off Japanese courts suck Nintendo's fat and slimey cocks, Shitendo will continue to behave like a dictator because people allow them to. There's also a reason that Shitendo never seeks to take up legal battles with people in Australia or Europe, because of very strong consumer protection laws where they know that their retarded and outright vile cases against customers will be immediately dismissed.

I have only bought all Switch games that I wanted cartridges for as of the past few years via secondhand to never once give Shitendo any money at all ever again. And I hope other people start realizing what a terribly anti-consumer and outright hostile company Pisstendo is, so that they may finally run face first into a wall that teaches them something. Let's hope so for the future of gamers and gaming as a whole.

 

[ZeroT21]

A pirate will pirate, but streaming on top of it is another level of stupid

 

[chrisrlink]

yeah, I don't feel bad for this dumbass oddly

 

[CoolMe]

Based on the screenshots Nintendo put in their lawsuit it shows that the guy only had 52 subscribers on YouTube and 15 followers on Twitch. The amount they are seeking for allegedly damage is just absurd.

Who are also pirates, anyways.

 

[Osha]

You'd think anyone who pirates games weeks before their official release would at least have the insight to just shut up about it, but I guess the average Nintendo fan is that stupid.

 

[LokeYourLord]

A pirate will pirate, but streaming on top of it is another level of stupid

True, there are always some people who are profoundly stupid. Yet, for such a hostile move from a company to even occur, they need to be really fucked up by default and to their core. They do not understand proportionality at all, and for that reason alone they need to be taught a lesson alone. "You pirated some of our games, that be indefinitely copied because they are just ones and zeros? How dare you, we will now ruin your life" - Absolutely fucking ridiculous and a joke if this notion and abuse of the judicial system isn't outright dismissed in court...

 

[spkatsi]

I neither feel bad about a guy looking for trouble...

 

[Scarlet]

I get people like to dunk on Nintendo but like…. They warned him multiple times. What did they expect to happen by continuing..?

 

[BigOnYa]

I get people like to dunk on Nintendo but like…. They warned him multiple times. What did they expect to happen by continuing..?

That's even worse, he was warned and still continued. What a dumbass.

 

[Scarlet]

That's even worse, he was warned and still continued. What a dumbass.

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.

 

[Xzi]

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.

 

[Purple_Shyguy]

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

 

[LokeYourLord]

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

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.

 

[Bladexdsl]

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!