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

 

[BlazeHeatnix]

Can't imagine comparing someone getting sued for intentionally breaking the law to someone possibly dying. The hell are they teaching kids these days...

You're missing the point. Unless this guy was one of the most notorious and prolific Switch pirates around, and he made a lot of money from it, he did not deserve to have his life ruined over it. Similar to how you'd need to be actively shooting someone to deserve getting shot yourself.

Jail time, community service, maybe $100k in fines. But years in prison and millions to pay? Jesus christ, no. He didn't deserve that. He wasn't "asking" for that.

 

[subcon959]

You're missing the point. Unless this guy was one of the most notorious and prolific Switch pirates around, and he made a lot of money from it, he did not deserve to have his life ruined over it. Similar to how you'd need to be actively shooting someone to deserve getting shot yourself.

Jail time, community service, maybe $100k in fines. But years in prison and millions to pay? Jesus christ, no. He didn't deserve that. He wasn't "asking" for that.

Why are you arguing as if the case has been tried already? There's no judgement yet. Breathe.

 

[MultiKoopa]

"On top of that, both Yuzu and Ryujinx have ended development, rendering the emulators "illegal software", and thus another crime."

uh, no? absolutely damn not

 

[poisoned_soap]

"He started an argument with a cop and refused to get out of the car. He was basically asking to get shot."

Your comparison is stupid, considering this situation. And he kinda was asking for it.

He was warned multiple times, and spat in their face. I didn't read the actual document, but did it all happen in a day, hours/minutes apart? If it didn't, a better comparison would be getting shot after trespassing for several days, with multiple warnings.

Even if it all happened in a day, the guy actively, publicly streamed and promoted the activity. The apt comparison here would be being a known criminal and distributor, filming your crimes, and being shocked when the police attack you.

Still, those comparisons are stupid simplifications of this situation.

 

[ertaboy356b]

This happens when you are insanely "Morally Superior" against an "Evil Company".

 

[ChronosNotashi]

Your comparison is stupid, considering this situation. And he kinda was asking for it.

He was warned multiple times, and spat in their face. I didn't read the actual document, but did it all happen in a day, hours/minutes apart? If it didn't, a better comparison would be getting shot after trespassing for several days, with multiple warnings.

Even if it all happened in a day, the guy actively, publicly streamed and promoted the activity. The apt comparison here would be being a known criminal and distributor, filming your crimes, and being shocked when the police attack you.

Still, those comparisons are stupid simplifications of this situation.

The comparison is stupid, yes. And regarding the legal details, the infringing actions were over the span of two years, with the streamer getting hit with DMCA takedowns at LEAST 50 times. Now what could've happened within days of each other was Nintendo's most recent DMCA strike > streamer responds, taunting Nintendo's legal team as if the worst they can do is DMCA him > Nintendo shows streamer that it can get worse for him by filing a lawsuit with all evidence currently available (and expecting even more to be found during discovery).

Honestly, if the streamer's smart, he'll cut his losses, take the L, and save us all the trouble, before he makes this whole "digging one's own grave" situation even worse. And hopefully others will take the hint and not make the same mistakes. No amount of clout is worth having the entire rest of your life ruined by a lifetime legal debt hanging over your head, especially since a credit-ruining bankruptcy might not be able to remove it fully.

 

[BlazeHeatnix]

He was warned multiple times, and spat in their face. I didn't read the actual document, but did it all happen in a day, hours/minutes apart? If it didn't, a better comparison would be getting shot after trespassing for several days, with multiple warnings.

The fact that you present this as a justifiable scenario for shooting someone says volumes.

I am not saying the guy did nothing wrong. I am not saying he did not deserve punishment. What I am saying is that regardless of his actions, he DOES NOT deserve to have his life ruined. Period.

"But he was warned"
I don't care. He doesn't deserve to have his life ruined for it.
"But the games were leaked"
I don't care. He doesn't deserve to have his life ruined for it.
"But he linked to a piracy website"
I don't care. He doesn't deserve to have his life ruined for it.
"But he distributed a prod.keys file"
I don't care. He doesn't deserve to have his life ruined for it.
"But he was trespassing multiple times and we repeatedly warned him to get off the property and he argued with us and-"
I don't care. He doesn't deserve to lose his life over it.

There are far more progressive and less barbaric ways of deterring piracy than to sue someone for millions of dollars just to make an example of him and say to the rest of the community, "do what he did and we'll fucking destroy you" as if you're so gangster.

This happens when you are insanely "Morally Superior" against an "Evil Company".

I'm sorry that some of us have principles.

 

[64bitmodels]

The fact that you present this as a justifiable scenario for shooting someone says volumes.

I am not saying the guy did nothing wrong. I am not saying he did not deserve punishment. What I am saying is that regardless of his actions, he DOES NOT deserve to have his life ruined. Period.

"But he was warned"
I don't care. He doesn't deserve to have his life ruined for it.
"But the games were leaked"
I don't care. He doesn't deserve to have his life ruined for it.
"But he linked to a piracy website"
I don't care. He doesn't deserve to have his life ruined for it.
"But he distributed a prod.keys file"
I don't care. He doesn't deserve to have his life ruined for it.
"But he was trespassing multiple times and we repeatedly warned him to get off the property and he argued with us and-"
I don't care. He doesn't deserve to lose his life over it.

There are far more progressive and less barbaric ways of deterring piracy than to sue someone for millions of dollars just to make an example of him and say to the rest of the community, "do what he did and we'll fucking destroy you" as if you're so gangster.

I'm sorry that some of us have principles.

i concur. There are rapists, serial killers, and general crooks that get off with less. This guy does not deserve any of the shit he's getting from Nintendo or any of you guys (especially the guy who has "excuse me i'll go pirate something" in his fucking signature" despite how "obvious" or "moronic" his actions might seem. Cut the guy some slack, people

 

[DarknessPlay3r]

The fact that you present this as a justifiable scenario for shooting someone says volumes.

I am not saying the guy did nothing wrong. I am not saying he did not deserve punishment. What I am saying is that regardless of his actions, he DOES NOT deserve to have his life ruined. Period.

"But he was warned"
I don't care. He doesn't deserve to have his life ruined for it.
"But the games were leaked"
I don't care. He doesn't deserve to have his life ruined for it.
"But he linked to a piracy website"
I don't care. He doesn't deserve to have his life ruined for it.
"But he distributed a prod.keys file"
I don't care. He doesn't deserve to have his life ruined for it.
"But he was trespassing multiple times and we repeatedly warned him to get off the property and he argued with us and-"
I don't care. He doesn't deserve to lose his life over it.

There are far more progressive and less barbaric ways of deterring piracy than to sue someone for millions of dollars just to make an example of him and say to the rest of the community, "do what he did and we'll fucking destroy you" as if you're so gangster.

I'm sorry that some of us have principles.

I'm completely surprised you can't see the obvious.

Try this for a comparison, this was the equivalent of playing Russian roulette. He knew full well what the consequences could be and kept going anyway, then made a fucking point of antagonizing them further.

You don't care, and in a normal situation most everyone here would agree. However there is a glaring problem.

This moron basically went and said 'come at me bro!!!' like a fucking mouth breathing idiot thinking he's untouchable.

Like really!?!? Absolutely no good EVER comes from shit like this. This dumb fuck's ego is giving an already unbalanced and corrupt system even more ammo to screw ALL OF US. This is the world we get to live in, we don't have the power to magically change how bad the system is for the majority of us that this effects.

We don't want big corps to have even more legal precedent to fight with, we want less. What does this idiot do? Gives them Exactly what they want.

This kind of shit is what the whole scene DOES NOT FUCKING NEED.

i concur. There are rapists, serial killers, and general crooks that get off with less. This guy does not deserve any of the shit he's getting from Nintendo or any of you guys (especially the guy who has "excuse me i'll go pirate something" in his fucking signature" despite how "obvious" or "moronic" his actions might seem. Cut the guy some slack, people

His actions are Beyond moronic, given that could have, and should have walked away, but instead chose stupidity over common fucking sense.

 

[ChronosNotashi]

There are far more progressive and less barbaric ways of deterring piracy

Yes, yes. "Make games available on PC so that we can pretend that we'll buy them there, when in reality we'll just continue to pirate them anyway. Because why pay when we can keep getting stuff for free? Also, **** Nintendo!" Like we haven't already heard or read this a hundred thousand times by now, on this website alone.

 

[BlazeHeatnix]

This moron basically went and said 'come at me bro!!!' like a fucking mouth breathing idiot thinking he's untouchable.

Like really!?!? Absolutely no good EVER comes from shit like this. This dumb fuck's ego is giving an already unbalanced and corrupt system even more ammo to screw ALL OF US. This is the world we get to live in, we don't have the power to magically change how bad the system is for the majority of us that this effects.

We don't want big corps to have even more legal precedent to fight with, we want less. What does this idiot do? Gives them Exactly what they want.

This kind of shit is what the whole scene DOES NOT FUCKING NEED.

And on that note, believe it or not, we agree. The guy was a complete fucking moron, and his actions are irreparably harmful towards the emulation scene. I have no sympathy for him even if I believe he does not deserve what he got.

But what frustrates me, at the end of the day, is the framing of these incidents as isolated one-off cases. Every time this happens, the community digs up dirt on the party responsible and says "oh, this guy sucks, thankfully Nintendo would NEVER go after ME." It's distracting from the larger discussion about the systemic problems surrounding the broken and corrupt system you're aware of. If we don't have those discussions, then the system is only going to get worse.

You say that we don't have the power to fight that system, yet I'm old enough to remember a time when the scene would (at least attempt to) organize and protest, telling the powers that be "no, fuck you, we have a right to do what we do, regardless of the actions of a few bad actors." If enough of you decided to make a loud fuss and picket outside Nintendo's offices in New York, or to write letters to Congress, I would stand with you. But nobody wants to do that, because it's video games, not civil rights.

Yes. Yes. "Make games available on PC so that we can pretend that we'll buy them there, when in reality we'll just continue to pirate them anyway. Because why pay when we can keep getting stuff for free?" Like we haven't already heard or read this a hundred times by now, on this website alone.

I wasn't even thinking about Nintendo bringing their games to PC. That's the last thing I want. I firmly believe that console exclusives are important for healthy competition in the marketplace, but the services that those consoles can provide are equally important as well.

Please don't forget there are plenty of complex socio-economic reasons behind piracy and it can't just be simplified down to "I want free stuff". There are entire countries where theft and piracy isn't just a result of a bad economy, it's ingrained into the culture.

 

[ciro64]

Please don't forget there are plenty of complex socio-economic reasons behind piracy and it can't just be simplified down to "I want free stuff". There are entire countries where theft and piracy isn't just a result of a bad economy, it's ingrained into the culture.

Thank you for saying this. It honestly gets to me when people with a superhero sense of morality lecture others on piracy. You can make very educated guesses about the situation or the places these people live and their complete unawareness on the matter.

Without piracy there are countries where gaming would have been a exclusively a luxury product. Without it gaming culture in those places would be extremely niche. But instead, more people could become part of the gaming community, and have dreams and sub communities based on this culture.

Some people get to support their favorite franchise today because they once discovered and grew attached to it by pirating it in their childhood.
Steam directly addressed piracy by providing accessibility and convenience, making this even more possible.

Regarding your other content, I think your aggressiveness towards urbanman was misdirected but besides that I can't help but agree with most of the stuff you said.


There seems to a consensus here that live streaming leaked games running on a emulator is destructive to the scene. So what would be some ways to protest against Nintendo or the system in general in a healthy way? Assuming that simple inoffensive complaints on the internet doesn't count.

 

[iNova]

Granted steaming this probably wasn't the best idea, Nintendo going after small streamers is still absolutely wild. Its not like they don't already have enough money as it is. What do they even gain from this?

 

[ciro64]

Granted steaming this probably wasn't the best idea, Nintendo going after small streamers is still absolutely wild. Its not like they don't already have enough money as it is. What do they even gain from this?

Control. Or at the very least, a stroke to their ego.

 

[Lumpofcoal]

Granted steaming this probably wasn't the best idea, Nintendo going after small streamers is still absolutely wild. Its not like they don't already have enough money as it is. What do they even gain from this?

What else could they have done? He was basically threatening to further spread piracy (providing links to downloads, etc) and even told ninty "you can't stop me, I have thousands of burner accounts, I can do this all day!".

Ninty asked him many times to stop, they didn't go for a suit straight away. If he would not listen to reason, then the only way left was legal recourse.

 

[ciro64]

What else could they have done? He was basically threatening to further spread piracy and even told ninty "you can't stop me, I have thousands of burner accounts".

Ninty asked him many times to stop, they didn't go for a suit straight away. If he would not listen to reason, then the only way left was legal recourse.

You have a point, but $2.4 million dollars is too much. Suing multiple offenders for a reasonable amount would have been more fair. But I guess it's easier for companies completely wreck a single person's life to make a example out of him.

 

[Lumpofcoal]

You have a point, but $2.4 million dollars is too much. Suing different offenders for a reasonable amount would have been more fair. But I guess it's easier for companies completely wreck a single person's life to make a example out of him.

Yes, I believe it is to make an example out of him. Realistically though, the judge will likely not penalize him anywhere close to that amount. I also think that Ninty is trying to get him to settle out of court and apologize by impressing on him the potential extent of the consequences that he faces.

 

[BlazeHeatnix]

Yes, I believe it is to make an example out of him. Realistically though, the judge will likely not penalize him anywhere close to that amount. I also think that Ninty is trying to get him to settle out of court and apologize by impressing on him the potential extent of the consequences that he faces.

How can you assume that, after the Gary Bowser case?

 

[Lumpofcoal]

How can you assume that, after the Gary Bowser case?

Bowser was in it for large scale commercial gain. This guy is mostly doing it out of spite, peanuts in comparison. Of course, that would also depend on whether he decides to reject settlement and duke it out.

 

[Ligeia]

I am absolutely astonished by the zealous corporate ass licking here. Was the streamer reckless ans stupid ? Sure. Did it warrant such a violent response from Nintendo ? Absolutely not. But since so many people seem perfectly fine with it, we're bound to see more and more of this very agressive corporate behaviour in years to come. Don't cry when Nintendo sues you for the most innocuous copyright infringement next time.

Thank you for saying this. It honestly gets to me when people with a superhero sense of morality lecture others on piracy. You can make very educated guesses about the situation or the places these people live and their complete unawareness on the matter.

Without piracy there are countries where gaming would have been a exclusively a luxury product. Without it gaming culture in those places would be extremely niche. But instead, more people could become part of the gaming community, and have dreams and sub communities based on this culture.

This. There's more to the world than the US, guys. There are also plenty of places where copyright definitely isn't as "sacred" as it is now in neoliberal countries and where people just see no harm in doing things that are deemed illegal elsewhere.