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

 

[LagunaLoire88]

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.

Well his liofe is not entirely ruined, he will be financially and might go to prison but saying

There are far more progressive and less barbaric ways of deterring piracy than to sue someone for millions of dollars

is the current system in place is way barbaric than what was before where they cut fingers of thieves to set an example and usually put them homeless and starving in the streets. At least if he can't pay he has prison or a garnished salary and real prison record.

Also you have to set an example otherwise yet another will step in few months later and keep doing it. You may not like the punishment and you can argue that it didn't cost the company millions but he did commit a crime openly, and made it public knowledge on how others to do same.

I mean as a company you want to end piracy and people keep doing it well you got to make an example to end it, I mean look at ryujinx and yuzu development has grinded to a halt pretty much with the spin offs doing tiny improvements.

Did you not see the Zelda Echoes of Wisdom videos everywhere before release, even the people streaming and discussing it openly on public forums tried using alternate names thinking that would make the videos and forum posts invisible to nintendo. No that led the attack to ryujinx,

Also unfornately you do not understand harsh pujnishment might be required despite to you being barbaric but it is not unless it is permanent physical damage like losing fingers, people like this streamer are showing behaviour that there is no to little consequnces to his actions therefore that he is likely a repeat offender so a strict punishment might be in order.

I mean have you seen how people repeatedly rob shops in new york as if it is under $1000 it is tiny punishment, well all of them repeat their actions. Hard punishment sometimes are required to end repeat offenders.

I can see you have not spent time with criminals who I have experieced cut someones finger off, make and sell drugs go to jail for years and go back to doing it, beat people to the point they are unconcious, have guns in Australia. Heck went top prison again and went back to doing the same crimes again and what stopped him to repeatedly doing serious crime is when he committed suicide.

I tried to help him and this was a guy with so much talent on working on cars and literally could work towards starting his own business. Unfortunately some people can not help themselves, and others cannot help them until adequate punishment is put in place, being soft and progressive is letting people bring harm to the world around them and to themselves again and again.

Post automatically merged: Nov 12, 2024

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.


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.

What violent response? Did Nintendo send a hit squad to the guy, put a hitman on him. No they took legal recourse which is THE least violent thing you can do dummy.

 

[Ligeia]

What violent response? Did Nintendo send a hit squad to the guy, put a hitman on him. No they took legal recourse which is THE least violent thing you can do dummy.

You do know violence isn't always physical, right ? Asking some random dude millions for streaming a video game is perfectly warranted and non violent, sure yeah right

Are you seriously comparing this streaming "crime" to people who :

cut someones finger off, make and sell drugs go to jail for years and go back to doing it, beat people to the point they are unconcious, have guns in Australia. Heck went top prison again and went back to doing the same crimes again

Seriously ? You really need to put things in perspective here.

 

[DJ-Yoshiman]

Oh sweet, this topic reached that glorious part of a debate where death is used as an example.

 

[Kioku]

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?

Whats even more wild is provoking a company like Nintendo and not expecting them to retaliate the only way they know how. Is the fee justified? Probably not. Is this idiot innocent?

As to that last question? They get to assert their legal dominance. They’re not after the money, they’re making a statement. As others have said, it’s not realistic to extort that money out of these people. So why do it? In the hopes to ward off potential pirates. It’s a power play.

 

[linuxares]

Oh sweet, this topic reached that glorious part of a debate where death is used as an example.

Godwins law of Gbatemp

 

[64bitmodels]

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

Ah yes because "Healthy Competition in the marketplace" is more important than games running at stable and decent resolutions and framerates, having additional longevity due to mods, cheaper prices, and being able to be played in any way you want (antithetical to what Nintendo likes video games to be)

 

[825i]

Guy is an idiot but I think it's funny that a company like Nintendo has such issues with leaks. Maybe because nobody likes them anymore for what they are doing to emulators despite emulating themselves.

 

[Bladexdsl]

funny that a company like Nintendo has such issues with leaks. Maybe because nobody likes them anymore for what they are doing to emulators despite emulating themselves.

nope they have been doing this since the wii. if you post your receipt (give them a way to track you while pirating) they will get you

 

[BlusterBong]

Ah yes because "Healthy Competition in the marketplace" is more important than games running at stable and decent resolutions and framerates, having additional longevity due to mods, cheaper prices, and being able to be played in any way you want (antithetical to what Nintendo likes video games to be)

Do you not know how the economy, especially those under capitalism with how much of the world runs under it works? if you are the only one running the business, you have a monopoly, and guess what Nintendo's gonna have when Sony and especially Microsoft end up backing out at the rate their consoles are going alongside what leaks we got related to it?

Nintendo having 100% of the console market share is a bad thing as then they'd be the only option and would have complete control over how games are priced and all that when it comes to console gaming. and before you point out the Steam Deck and it's clones, no. those are handheld PCs and count as well as Steam Machines.

 

[Ettino]

I think it's funny that a company like Nintendo has such issues with leaks.

Most of the times, it's the physical releases that behind the leaks. Some game came out earlier than the actual release date, or onine store shipped them out early etc. Then folks would rip the game and yada yada, you know the rest.


I mean, my switch copy of Dragon Quest 3 remake came 4 days ago. And the release date is Nov 14th.

 

[Ligeia]

They get to assert their legal dominance. They’re not after the money, they’re making a statement. As others have said, it’s not realistic to extort that money out of these people. So why do it? In the hopes to ward off potential pirates. It’s a power play.

If that's their reasoning, this is silly because it will never ward off potential pirates, just maybe prevent them from streaming games pre release, yay what a win ! Is this really worth risking their public image ? Nintendo's hatred towards their consumers is going to get noticed by the general public at some point.

 

[ut2k4master]

Guy is an idiot but I think it's funny that a company like Nintendo has such issues with leaks. Maybe because nobody likes them anymore for what they are doing to emulators despite emulating themselves.

its the opposite actually, its because their games are so beloved

 

[Chrisssj2]

Where does this guy live that is being sued? man nintendo is delusional we gonna pirate and stream when we want. suck on that

 

[BlusterBong]

Nintendo's hatred towards their consumers is going to get noticed by the general public at some point.

You sir clearly have not learned from how people outside of the Internet overlook the horrors that Disney, Google, and so on have commited. If anything, Nintendo is just going to be one of those cases where the "normies" are still too happy to overlook it becuase it doesn't affect them (especially since the Average joe cares far less about emulation and game preservation than a place online like this.)

 

[Ligeia]

You sir clearly have not learned from how people outside of the Internet overlook the horrors that Disney, Google, and so on have commited. If anything, Nintendo is just going to be one of those cases where the "normies" are still too happy to overlook it becuase it doesn't affect them (especially since the Average joe cares far less about emulation and game preservation than a place online like this.)

That's a fair point... sadly.

 

[Chrisssj2]

This guy is a HERO for freedom

 

[Bladexdsl]

man nintendo is delusional we gonna pirate and stream when we want. suck on that

as long as your don't post your receipt!

 

[64bitmodels]

Do you not know how the economy, especially those under capitalism with how much of the world runs under it works? if you are the only one running the business, you have a monopoly, and guess what Nintendo's gonna have when Sony and especially Microsoft end up backing out at the rate their consoles are going alongside what leaks we got related to it?

you do realize Nintendo putting games on PC would *lessen* any potential monopoly status they have due to their systems now not being the only place where people can play their games right? the only thing this is doing is just adding more games to the growing platform that is PC

 

[BlusterBong]

you do realize Nintendo putting games on PC would *lessen* any potential monopoly status they have due to their games now not being the only place where people can play right? the only thing this is doing is just adding more games to the growing platform that is PC

Not really, as then the "potential" monopoly status goes right to Valve if Nintendo doesn't make thier own PC platform for selling games and goes to GabeN for releases like Sony did and to an extent, Microsoft.

Microsoft only went to PC because of their overwhelming install base of potential users they have on Windows alongside the XBONE having an absolutely catastrophic launch with the forced online only and Kinect requirements. Plus, the self-induced FTC leak they had during thier ActiBlizz buyout lines up with reports that they were going to dip out of the gaming space entirely if Game Pass fails to take off by 2027 by Phil Spencer himself.

Sony is moving to PC because they can't get developers to make games exclusive to the PS5 with Japaneese developers being the worst of it becuase of Sony actively driving them away how many hoops that Sony forced apon them (not to mention the infamous Sony Japan Studio shutdown), which they are paying the price with the PS5 increasingly falling behind the PS4 in sales. They're only bringing thier games to PC after some time in the case of the ones that were previously PS5 Exclusives is because they are trying to recoup the production costs of both the games, and the PS5s that are not being sold, even that's likely not working out as well as they'd like because they keep slapping PSN requirements on every game they've been putting on PC since they tried doing it with Helldivers II and locking out half of the world where you can't make a PSN account from buying it.

 

[64bitmodels]

Not really, as then the "potential" monopoly status goes right to Valve if Nintendo doesn't make thier own PC platform for selling games and goes to GabeN for releases like Sony did and to an extent, Microsoft.

Microsoft only went to PC because of their overwhelming install base of potential users they have on Windows alongside the XBONE having an absolutely catastrophic launch with the forced online only and Kinect requirements. Plus, the self-induced FTC leak they had during thier ActiBlizz buyout lines up with reports that they were going to dip out of the gaming space entirely if Game Pass fails to take off by 2027 by Phil Spencer himself.

Sony is moving to PC because they can't get developers to make games exclusive to the PS5 with Japaneese developers being the worst of it becuase of Sony actively driving them away how many hoops that Sony forced apon them (not to mention the infamous Sony Japan Studio shutdown), which they are paying the price with the PS5 increasingly falling behind the PS4 in sales. They're only bringing thier games to PC after some time in the case of the ones that were previously PS5 Exclusives is because they are trying to recoup the production costs of both the games, and the PS5s that are not being sold, even that's likely not working out as well as they'd like because they keep slapping PSN requirements on every game they've been putting on PC since they tried doing it with Helldivers II and locking out half of the world where you can't make a PSN account from buying it.

So companies move to PC when they have decreased console sales?

Let's keep that in mind for the sales of the next Nintendo system... Quick reminder of what happened between Wii -> Wii U and DS -> 3DS