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

 

[SaberLilly]

im in the middle here, on one hand this streamer was clearly an idiot for what he did, and on the other hand there is no way nintendo is going to get that much money from him. Either way guy effed around and found out.

 

[CoolKid575]

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

Me neither, not that Nintendo's particularly justified in trying to get millions from this dude; but he was warned multiple times and it's not a huge secret how seriously Nintendo takes Switch piracy.

 

[jpmasterflex]

*Scott the Woz Voice* WHY WOULD HE DO THAT!?

 

[Ryab]

The fact that there are people defending this persons actions is concerning. Man pirated games, streamed them before release, and then taunted Nintendo's legal team telling them that he won't stop as he has dozens of burner accounts. HE LITERALLY ASKED FOR IT.

 

[BlazeHeatnix]

The fact that there are people defending this persons actions is concerning. Man pirated games, streamed them before release, and then taunted Nintendo's legal team telling them that he won't stop as he has dozens of burner accounts. HE LITERALLY ASKED FOR IT.

Nobody here is defending the streamer's actions. They're only criticizing Nintendo's. Nintendo is not some wild animal acting on instinct, it's not as if the streamer poked a bear. They are a group of human beings who make irrational and often monstrous decisions.

 

[Bladexdsl]

https://www.pcgamer.com/pc-piracy-survey-results-35-percent-of-pc-gamers-pirate/

Admittedly, it's 8 years old, but it's the most recent data we have.

8 years old that's prob at least 45% now

 

[Hidori]

People seem to have lost the ability of acting with circumspection (as seen by tiktok idiots who keep saying "Pirating nintendo is morally right, let me show you how to", endangering all sorts of web archives), what do you expect by streaming and gloating about emulating something early? a golden star? all you get is asking for troubles. I agree with someone on a sujano's video that it feels like a plant, but it's nintendo fans we're talking about. so I wouldn't really dismiss the option that it's just a bonafide idiot.

 

[Robert Newbie]

Nintendo is seeking $2.4 million USD in damages. Based on the OP, the streamer in question:

• Streamed games prior to their release date.
• Provided instructions on how to obtain the gamefiles.
• Played the games using Yuzu and Ryujinx.
• Provided "illegal circumvention tools."
• Distributed the prod.keys file.

It sounds like this was an escalating situation. As of late, Nintendo has had a bunch of leaks, so they're seeking out situations like this.

At first glance, it may look like "streamer streams game prior to release, is sued for $2.4 million USD," but the case is more complex than that.

 

[Xalusc]

Wow. Fuck Nintendo

 

[Ryab]

Nintendo is seeking $2.4 million USD in damages. Based on the OP, the streamer in question:

• Streamed games prior to their release date.
• Provided instructions on how to obtain the gamefiles.
• Played the games using Yuzu and Ryujinx.
• Provided "illegal circumvention tools."
• Distributed the prod.keys file.

It sounds like this was an escalating situation. As of late, Nintendo has had a bunch of leaks, so they're seeking out situations like this.

At first glance, it may look like "streamer streams game prior to release, is sued for $2.4 million USD," but the case is more complex than that.

This is a warning not only to him but to others around. This guy needs to solve this out of court or he is fucked for life.

 

[Maximo101]

this is hilarious! You know this would stop if nintendon't would just seek the death penalty for some of these pirateers. Or is it bucaneers?

Waiting for nintendon't to sue this website for talking about this...

 

[linuxares]

this is hilarious! You know this would stop if nintendon't would just seek the death penalty for some of these pirateers. Or is it bucaneers?

Waiting for nintendon't to sue this website for talking about this...

He ignored multiple C&D, he linked roms and guides. He were basically asking to get sued.

 

[Ettino]

there is no way nintendo is going to get that much money from him

It's not about money. It's about sending a message. Just like how they dealt with Gary Bowser.


People just don't know how to keeping it underground anymore.

 

[lordelan]

Seriously? Someone was stupid enough to stream Nintendo games even before their release date? Wow...

Famous YouTuber Russ (Retro Game Corps) even got two strikes for playing the damn old Super Mario World (a freakin' SNES game) on a handheld for a few seconds, so it's pretty obvious if you play recent pirated games prior to their release, Nintendo will nuke your house, your family, your whole generation and even your goddamn country.

 

[charliedoesstuff]

Well, they were repeatedly arguing in dev channels on their discord server, when the server got banned they created an infamous allegation that Yuzu and Ryujinx devs used Nintendo dev SDKs, meaning the whole source was corrupted, they could only half prove it for yuzu, but decided to not work on suyu again (this group of suyu devs are now making a Ryujinx fork), suyu's creator Crimson used to applaud me for giving updates on suyu after it went on freeze (gathering new devs after the old ones left, diffusing drama with other emulators, general bits and pieces) but then when suyu was actually going somewhere and Mr sujano stopped making videos on it, he started swearing and rambling on, someone from suyu's past started stalking my social medias and then after a hiccup that resulted in my discord account being mistakenly banned, decided to say that I was involved with the creation of the UK riots because of political stances that had nothing to do with emulation, after merging some PRs etc that suyu's creator tried to merge (couldnt due to problems with the site itself hosting the code) I just closed and reopened which fixed the issue so I merged, and despite testing it himself he claimed it was broken and blamed me for it, then started repeatedly swearing and insulting me, claiming I had brought nothing to the project despite the devs I brought on outnumbering the devs he had brought on at the time, and that I was the only person that had organised the git project page or done anything for the project in the 6 months he spent getting downvoted to oblivion on Reddit. A dev that suyu's creator has replaced me with as project manager reached out to me and actually told me what was going on about the state of everything and I ensured that since I was planning to leave anyway (my deal from the start was that when it gets back on it's feet i would leave) I would hand over as much as i could to him, he then also randomly threatened to track me down and beat me up if I leaked anything :/ so there's that. Myself and alot of others seem to have been blocked from seeing the source code for suyu after the creator got pissy again because he only now noticed something I did 2 months after I had done it, which was before I told him I wasn't going to touch anything code related at all, so his perception of time seems to be like a flux capacitor with dementia, anyways, I'm trying to leave and I've effectively been forced out but can't actually go yet since most of the new devs talk to suyu through me and I can't hand anything over since the new project lead is awol and suyu's creator doesn't want to talk to me, being awol and refusing to collaborate being very common themes in this emulator's development

Thanks for the wow reaction lol

 

[BlazeHeatnix]

He ignored multiple C&D, he linked roms and guides. He were basically asking to get sued.

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

 

[Kioku]

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

Not even close, the fuck?

 

[BlazeHeatnix]

Not even close, the fuck?

One is a situation where you're killed. The other is a situation where your life is over. Not that much difference.

 

[linuxares]

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

Not even a good comparison at all...

 

[Kioku]

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