Nintendo files lawsuit against streamer for pirating games and playing them pre-release

sued.png

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.

:arrow: Source
 

Joom

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I've been hearing ryujinx is now a honeypot...
Aw fuck, I knew this was going to start happening. It's not a honeypot. Nintendo just seized ownership of their domain. This happens all the time during copyright battles. If you're that worried, though, open your system's hosts file, and null out DNS calls to the Ryujinx domain.
Code:
0.0.0.0 ryujinx.org www.ryujinx.org

As a protip, be mindful of the misinformation that surrounds Switch emulation. There's a lot of assholes looking to be smug about it, and they're fear mongering by riding the coattails of shitty video game news rags that are spreading this crap. If it seems like clickbait, it probably is, and don't trust something that doesn't backup claims with proof.
 
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ertaboy356b

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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!!!
https://citron-emu.org/
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If these emulator devs are serious about their work, they would remove 'on-the-fly' rom decryption and just read decrypted / unencrypted roms like in the old days.
 
Last edited by ertaboy356b,
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BlusterBong

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https://citron-emu.org/
Post automatically merged:

If these emulator devs are serious about their work, they would remove 'on-the-fly' rom decryption and just read decrypted / unencrypted roms like in the old days.
why can't these people just make a new emulator that Nintendo wouldn't have as much of a legal free pass to take down like with Ryujinx and especially YUZU?
 
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ciro64

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why can't these people just make a new emulator that Nintendo wouldn't have as much of a legal free pass to take down like with Ryujinx and especially YUZU?
Unless the devs feel more comfortable developing their tools from scratch, there's no point in not reusing freely available open source code. They can stay out of the Ryujinx/YUZU branding, don't include legally suspicious functionality in it and try to stay out of drama. It's not like a emulator from scratch would be free of laser sights either.
 

ertaboy356b

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why can't these people just make a new emulator that Nintendo wouldn't have as much of a legal free pass to take down like with Ryujinx and especially YUZU?
I guess it's ok to re-use existing code (I don't think Yuzu is ok though). They need to clean it up somehow and remove any reliance to crypt keys (use for decrypting). For some reason, Citra took the right step (Citra only reads decrypted roms). Unfortunately, Citra got taken down as a collateral damage due to Yuzu devs being Citra devs.

With that in the way, Nintendo could not argue about circumventing protection.
 

LagunaLoire88

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I guess it's ok to re-use existing code (I don't think Yuzu is ok though). They need to clean it up somehow and remove any reliance to crypt keys (use for decrypting). For some reason, Citra took the right step (Citra only reads decrypted roms). Unfortunately, Citra got taken down as a collateral damage due to Yuzu devs being Citra devs.

With that in the way, Nintendo could not argue about circumventing protection.
It wasn't just using crypt keys but both Yuzu and Ryujinx had rogue devs using code from Switch SDK too, in case you do not know Switch SDK does come with a full working emulator but it is locked to the system it is registered for.
 

Maximo101

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He ignored multiple C&D, he linked roms and guides. He were basically asking to get sued.
Oh, I completely agree. You must remain completely anonymous if you are going to tweak nintendon't. Like a vpn and a dozen proxys and tor...
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"He started an argument with a cop and refused to get out of the car. He was basically asking to get shot."
See, if you set the car on fire, they Always get out... Always.
 

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This is why I'm glad to live in a country where piracy is legal for personal use...

Of course streaming is commercial use so it wouldn't be any sort of legal defense, but if Nintendo went full scorched earth and started issuing mass lawsuits for everyone prominent in the Nintendo piracy/modding communities...
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Oh, I completely agree. You must remain completely anonymous if you are going to tweak nintendon't. Like a vpn and a dozen proxys and tor...
You cannot remain anonymous while streaming for profit. Twitch can and *will* ask for your SSN and other personal details before they even think of giving you Affiliate status.
 

4d1xlaan

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You cannot remain anonymous while streaming for profit. Twitch can and *will* ask for your SSN and other personal details before they even think of giving you Affiliate status.
counterpoint: 15 followers on twitch cant get affiliate, and donations don't need to go through twitch affiliate
 

Ondrashek06

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counterpoint: 15 followers on twitch cant get affiliate, and donations don't need to go through twitch affiliate
But literally every single portal for donations I know of requires your SSN and info too, if not straight up a scan of your ID.

The only way I could see it working is using Monero to accept donations and then using one of those anonymous P2P crypto exchanges to convert that back to cash. Sadly you're going to have to look for a viable trader on those since you can't do it directly without ID.
 
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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.



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.

:arrow: Source
Based af but also not smart lol
 

QuestionEmulation

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I just want to put this out there, sometimes Amazon ships games early I received games days before their
Official release date for example Stray I got 3 days before its official release date not by pirating but because Amazon accidentally sent it out early. So how would Nintendo know? Let’s say I steamed the gameplay on twitch before its release because I genuinely owned it, does that mean they’ll accuse me of piracy and sue me? People can and have gotten games early legitimately before they are released

Can't be used for this argument since he was apparently showing people where to get ROMs
 

Kioku

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I just want to put this out there, sometimes Amazon ships games early I received games days before their
Official release date for example Stray I got 3 days before its official release date not by pirating but because Amazon accidentally sent it out early. So how would Nintendo know? Let’s say I steamed the gameplay on twitch before its release because I genuinely owned it, does that mean they’ll accuse me of piracy and sue me? People can and have gotten games early legitimately before they are released
It goes deeper than this.
 
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Laron

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I get Nintendo being miffed, but a lawsuit? Are their lawyers bored or why are they suing everyone.
 

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