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.
One important point everyone is missing that Nintendo is doing a power play, or attacking the small man or being violent or asking way too much money in court. Also this is the end of the streamer's life.
Nintendo is taking the correct legal action and as always they ask for max amount as well as max punishment, why because it is their legal right to and have to as that is the legal process. Plus the keyword is Nintendo is "ASKING" for max punishment and is never the case and never results the end of someone's life. People who got worse punishments still able to land a job, have a family and so on.
Plus asking for max is required as the judge decides the suitable punishment not Nintendo but the judge would like the max punishment for consideration of one side, the judge will consider the other side too. Also it can be settled for much less outside of court too.
The difference is that PC gaming was way less viable in 2011/2012 than it was now and The Wii and DS still owned the world for the most part while the 3DS and Wii U struggled for few years into their lifespans, and the Wii U was an unmitigated marketing disaster and developers couldn't be convinced to work with the Gamepad while the 3DS did bounce back even if it wasn't as successful as the DS,mainly because they were able to get developers to make games exclusively for it since it was a beefed up DSi when you take the 3D gimmick out.
The Xbox Series X/S and PS5 meanwhile are not only competing with a far more viable PC market, but they're also competing with the PS4 and XBONE because developers has put more focus on the previous generation since there isn't much of a difference outside of graphical fidelity between the 8th and 9th gen consoles (as in if you can get the game to run on PS5, you can very easily get it to run on PS4 with few tweaks or some graphical changes since they both run off x86-64 architecture while porting to the switch is harder because it's running off ARM architecture.)
to better illustrate how bad the falling sales have been for Xbox in particular, the last reported sales count for the Series X/S is 28.3 Million, which is almost 30 million off the reported 58 million the Xbox One had, which is at least 26 million less than the at least 84 Million sales the Xbox 360 had. And in terms of similar sales within a four year period, the Xbox One sold 29.4 Million, which the Series X is barely keeping up with a .9 million difference, which doesn't mean much for Microsoft since they're putting their eggs on the Game Pass basket and every game that gets put on the Series X/S almost always has a Windows or general PC version either at launch or not too far in the distant future.
the PS5 meanwhile has 65.6 Million as Sony reported in just a few days ago, which is barely over half of the 117.2 million the PS4 has which adds insult to injury when you realize that the PS4 had sold 73.6 million in the same timeframe the PS5 has sold. if you do the math, the PS5 is selling 11% less than what the PS4 did after 4 years of it's life, which is very damning for the developers who are making exclusives for the PS5 and are desperately wanting out such as Square Enix, whom left Sony with Final Fantasy 7 Rebirth and FF16 flopping because of them being stuck on the PS5 and nobody buying the console more or less being thier last straw with Sony.
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.
Late, but took a look at it, and $2.4 million wouldn't be exactly as farfetched as we thought. According to Title 17 U.S.C. § 504(c) of the Digital Millennium Copyright Act, those found guilty of civil copyright infringement may be ordered to pay for statutory damages between $750 and $30,000 per work infringed. But in the case of willful infringement, the maximum for damages is $150,000 PER INFRINGEMENT. Add up all the times that the streamer not only streamed leaked games, but also the times he shared links to pirated ROMs, prod.keys, and such both in streams and on social media, and...yeah, when looking at maximum for damages, $2.4 million is pretty close since the streamer knew what he was doing and kept doing it anyway (assuming the judge rules that the infringement was willful and/or done maliciously - the latter of which is likely, given the streamer's decision to taunt Nintendo).
And this is just looking at what Nintendo noted through the lawsuit document. They're expecting to find MORE infringement over the course of the case, so if the judge rules a guilty verdict for willful infringement, he/she could reward Nintendo MORE THAN $2.4 MILLION in damages (yeah, it can get a WHOLE LOT WORSE for the streamer). As I said before, the streamer's best option now is to just NOT challenge the lawsuit that he brought upon himself.
(Edit: This isn't even taking into consideration that the judge might instead rule the streamer guilty of CRIMINAL INFRINGEMENT, which comes with prison time and even heavier fines. And potential additional penalties might be added regardless, since as having his equipment seized and/or destroyed by government authorities.)
Late, but took a look at it, and $2.4 million wouldn't be exactly as farfetched as we thought. According to Title 17 U.S.C. § 504(c) of the Digital Millennium Copyright Act, those found guilty of civil copyright infringement may be ordered to pay for statutory damages between $750 and $30,000 per work infringed. But in the case of willful infringement, the maximum for damages is $150,000 PER INFRINGEMENT. Add up all the times that the streamer not only streamed leaked games, but also the times he shared links to pirated ROMs, prod.keys, and such both in streams and on social media, and...yeah, when looking at maximum for damages, $2.4 million is pretty close since the streamer knew what he was doing and kept doing it anyway (assuming the judge rules that the infringement was willful and/or done maliciously - the latter of which is likely, given the streamer's decision to taunt Nintendo).
And this is just looking at what Nintendo noted through the lawsuit document. They're expecting to find MORE infringement over the course of the case, so if the judge rules a guilty verdict for willful infringement, he/she could reward Nintendo MORE THAN $2.4 MILLION in damages (yeah, it can get a WHOLE LOT WORSE for the streamer). As I said before, the streamer's best option now is to just NOT challenge the lawsuit that he brought upon himself.
(Edit: This isn't even taking into consideration that the judge might instead rule the streamer guilty of CRIMINAL INFRINGEMENT, which comes with prison time and even heavier fines.)
Well, as I noted, those are merely the maximum sentences for copyright infringement, and what Nintendo is asking for. As someone else above us said, that's often encouraged when filing for a lawsuit against an offending party - mainly to indicate how serious the plaintiff feels the defendant's actions are. In the end, though, it's ultimately the judge that decides the punishment for a guilty verdict based on the case, so Nintendo might not get the full damages they're asking for.
That being said, I agree with others that the money isn't really the point, and Nintendo's probably not expecting to get the full amount anyway (and may even settle for less, if the streamer decides to settle). The point is to punish someone who has been blatantly infringing on their works openly, and has repeatedly refused to back down when told to stop (even outright telling Nintendo he would continue infringing on their works), so as to serve as an example for others to avoid making the same mistakes. If the streamer decides to challenge the lawsuit, and the resulting case ends in Nintendo's favor and sets a precedent, that's even better for them; but they're likely fine with simply restoring the status quo through a settlement (similar to the Yuzu lawsuit settlement, and for the Dolphin Steam DMCA takedown when looking at scenarios where a lawsuit didn't occur).
Nintendo had the best mobile GPU on release. Even phones doesn't have the GPU power of the Switch back in 2017 and this is 2015 tech. Tech gets outdated overtime, even the PS5 is outdated now when compared to PC.
Nintendo had the best mobile GPU on release. Even phones doesn't have the GPU power of the Switch back in 2017 and this is 2015 tech. Tech gets outdated overtime, even the PS5 is outdated now when compared to PC.
Not to mention that the PS5, along with being already outdated, offers basically nothing compared to PC gaming. At least the Switch offers portability in additional to home console gaming, whereas everything else (besides the Steam Deck) only gives one or the other.
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.
True. They did poke the tiger after all. Its just a really terrible situation and this definitely will most certainly not improve Big N's already abysmal perception of emulation.
Meanwhile another Yuzu fork arises with freezing fix on Princess Peach finally and several other titles game fixes.... Not gonna name it though LOL the only way to try it would be to compile So this suing mess isn't stopping the emulation forefront!!! What this Dev has done and whatever team they have is what i said before add ryujinx game fixes into Yuzu it's incredible actually!!!
and there it is proof that NOFUNtendo now officially owns ryu and will be using it in switch-U. that is how it's going to be backwards compatible once again they picked the cheapest laziest method to do it.
and there it is proof that NOFUNtendo now officially owns ryu and will be using it in switch-U. that is how it's going to be backwards compatible once again they picked the cheapest laziest method to do it.
This article doesn't cover the full extent of what all he did. He streamed at least 10 leaked games across several platforms, including ones typically used by NSFW artists. He also continuously shared links and QR codes for leaks and title keys. Along with this, he would also send antagonizing emails to Nintendo's legal department, bragging about how he has several sock puppets, and how they'll never catch him. I'd agree with you if this was just a one off occasion, but the dude stuck his dick in the hornet nest.
No, that's not the case. Nintendo is doing what's known as domain squatting, and it's usually done forcefully in these scenarios. ICANN will relinquish domain ownership to a rights holder if there's compelling evidence that the domain poses a detriment to the rights in question. The domain wasn't sold to them. They stole it, which is a great slice of irony.
This article doesn't cover the full extent of what all he did. He streamed at least 10 leaked games across several platforms, including ones typically used by NSFW artists. He also continuously shared links and QR codes for leaks and title keys. Along with this, he would also send antagonizing emails to Nintendo's legal department, bragging about how he has several sock puppets, and how they'll never catch him. I'd agree with you if this was just a one off occasion, but the dude stuck his dick in the hornet nest.
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No, that's not the case. Nintendo is doing what's known as domain squatting, and it's usually done forcefully. ICANN will relinquish domain ownership to a rights holder if there's compelling evidence that the domain poses a detriment to the rights in question. The domain wasn't sold to them, they stole it, which is a great slice of irony.
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.
Get a load of this guy lol. Don't you have anything better to do than seethe at Nintendo and write paragraphs about it? There's a reason no one is taking you seriously. If you don't like Nintendo, pirate your games and shut up about it.
If you read anything about the article, you'd know the streamer streamed the game before release (when all he had to do is wait a week or two), fought back against Nintendo's DMCA attempts (which, again, all he had to do is wait a week or two), antagonized them by bragging about having more accounts, all thinking he wouldn't get caught. It's idiots like him that openly pirate and brag about it that get emulators like Ryujinx shut down. While I don't know if the pirate is using Yuzu or Ryujinx, the former is officially illegal software, so if it was, then that is illegal software. The game itself is illegally obtained, making it illegal software.
You have no idea what you're talking about, and the insults throughout your post prove that you don't have any real arguments, so you resort to insults. I'm sure you've hurt Nintendo's feelings and convinced everyone to pirate Nintendo with your argument, at least in your mind.
Get a load of this guy lol. Don't you have anything better to do than seethe at Nintendo and write paragraphs about it? There's a reason no one is taking you seriously. If you don't like Nintendo, pirate your games and shut up about it.
If you read anything about the article, you'd know the streamer streamed the game before release (when all he had to do is wait a week or two), fought back against Nintendo's DMCA attempts (which, again, all he had to do is wait a week or two), antagonized them by bragging about having more accounts, all thinking he wouldn't get caught. It's idiots like him that openly pirate and brag about it that get emulators like Ryujinx shut down. While I don't know if the pirate is using Yuzu or Ryujinx, the former is officially illegal software, so if it was, then that is illegal software. The game itself is illegally obtained, making it illegal software.
You have no idea what you're talking about, and the insults throughout your post prove that you don't have any real arguments, so you resort to insults. I'm sure you've hurt Nintendo's feelings and convinced everyone to pirate Nintendo with your argument, at least in your mind.
Way to make yourself sound more intelligent than you actually are.
If you would've taken your time to read the other reply not far below my original post, you would've had a tad more material to work with before putting your completely unsolicited L take onto the internet.
And considering I work with cyber security on a daily basis (well, mostly only during weekdays, but weekend shifts do occur), I very much know what I am talking about when it comes to "Illegal Software" and anything related to software, hardware, cracking, laws pertaining to these topics, etc., faaaaaar more than especially someone like you does.
But I digress, wasting any more of my time on Internet trolls such as yourself that aren't ever doing anything meaningful with their time except for licking mega corp. boots and slurping up their turds like a milkshake through a straw, would be an attack on my sanity. Which is also why this is the only reply you'll be getting from me.
PS: Yep, nobody taking me "serious", only about 12+ people who also are sick and tired of Nintendo's behaviour.
Seriously, which clown school did you attend, bozo? I'd really like to know so that I may ask them to retract the certificate they handed out to you for being the ultimate clown, because you aren't even good at being an annoying internet troll. So shoo now, go lick some more boots, slurp up some more corporate turdshakes, while we rightfully bash Nintendo for their very anti-consumer behaviour they have been displaying for almost the past decade and the animosity and (rightful) reactions they're garnering towards their behaviour.
Oh and, before I forget it: My Switch cartridge collection I bought secondhand would like to raise a hand to disagree with your "pirate your games and shut up about it." statement.
This article doesn't cover the full extent of what all he did. He streamed at least 10 leaked games across several platforms, including ones typically used by NSFW artists. He also continuously shared links and QR codes for leaks and title keys. Along with this, he would also send antagonizing emails to Nintendo's legal department, bragging about how he has several sock puppets, and how they'll never catch him. I'd agree with you if this was just a one off occasion, but the dude stuck his dick in the hornet nest.
Makes you question whether it was perhaps deliberate, if even only a bit, doesn't it...
Anyways, total and utter retardation, why would anyone do that unless you're doing it deliberately. However, even then, Nintendo has been so extreme anti-consumer, that people would eventually start doing things like this, it's only natural if you ask me. No other company is this outright hostile towards their customers (at least on such a grand scale) as Nintendo is, and so Nintendo basically proving they are as bad as everyone thinks they are with all the other clown moves they've pulled thus far, is only causing their image to deteriorate further.
That being said, you must admire the complete lack of intelligence on this guy IF this wasn't somehow deliberate. Because if it wasn't deliberate, and I'm starting to question whether it might've actually been so, then we truly have some irredeemably dumb fucks on this planet that, just by being in existence, step down our planet's combined IQ by a few notches. Simply sublime either way.
It runs like ass on the Switch though. 720p & 30fps or below when in a big town . FPS even dropped in the opening scene. Better performence on Ryujinx, I only tested with the Mac version so YMMV.
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My wifeys aunt gave her some gold coins in her will when she passed last year, and the tax man was gonna tax her a gift tax on it, but our accountant said if she sells the gold and put that money into a 5 year CD, it will be untaxable. So she did, and now IRS saying they want a income tax on the gold coin sale. Damn taxman always greedy.
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