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Nintendo is suing Switch Leaker streamer for $7.5m

Draugoth

Gold Member
Nintendo-Mario-sad.jpg


After ‘dozens’ of takedown notices, Nintendo decided enough was enough and headed to the courts loaded for bear. It was revealed that the legendary gaming firm is seeking $150,000 in damages for each infringement, which could add up to as much as $7.5 million, per estimations.

Jesse ‘EveryGameGuru’ Keighin has come under fire from Nintendo for regularly and persistently streaming unreleased Nintendo Switch games despite the tech titan’s demands that he stop. Per the reports, Keighin regularly dismissed takedown notices and cease-and-desist orders, circumventing legal action from Nintendo to sometimes stream games as early as three weeks before launch.

Nintendo has decreed that these actions are ‘promoting and encouraging the downloading of pirated copies of unpublished games’. They also allege that ‘EveryGameGuru’ has profited off this behaviour, prompting viewers to make cash donations to support his content-based pursuits.

Source
 
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AJUMP23

Parody of actual AJUMP23
If he does not acquire the games in an illegal manner I do not know why he cannot stream them. But When Nintendo is gunning for you, you are in trouble most likely. They named a character after their favorite Lawyer.
 
He should've stopped when Nintendo asked him to. That's just wrong, streaming unreleased Nintendo games. They're pretty strict about that kind of thing.
 

BlackTron

Member
Next: if you look at Nintendo games with your eyes without paying you are getting sued

These games are not released yet. Even one day later, it's not really a big deal. But aside from spoilers, just having possession of the game and going out of your way to show everyone so they say "Woah, he got it early! How did he do that?"

How about going after the source which is providing the games early.

If they were digital-only, then maybe, they could perform some kind of internal investigation. But once physical games enter distribution, which must happen weeks in advance in order to be in the store for launch day, there is literally nothing they can do. You could be at any step of the chain and get a stolen game, and it's very hard to identify you. A guy from Walmart could open one game, dump it, put it on the net and its out there with no way to track whatsoever.

Why exactly should he be immune from streaming these games anyway? He's going out of his way to pirate the games early, then out of his way again to stream them before they come out, and has been asked repeatedly. I say, fuck 'em. Be more responsible when doing this shit, you make it worse for everybody else. Get him directly out of the scene, goodbye!!
 

V1LÆM

Gold Member
you have to be a special kind of stupid to ignore legal requests and even more when it's from Nintendo.

not defending Nintendo. they are way too harsh. but you know they will fuck you up for fun. well done ruining your life for some internet points.
 

Bernoulli

M2 slut
These games are not released yet. Even one day later, it's not really a big deal. But aside from spoilers, just having possession of the game and going out of your way to show everyone so they say "Woah, he got it early! How did he do that?"



If they were digital-only, then maybe, they could perform some kind of internal investigation. But once physical games enter distribution, which must happen weeks in advance in order to be in the store for launch day, there is literally nothing they can do. You could be at any step of the chain and get a stolen game, and it's very hard to identify you. A guy from Walmart could open one game, dump it, put it on the net and its out there with no way to track whatsoever.

Why exactly should he be immune from streaming these games anyway? He's going out of his way to pirate the games early, then out of his way again to stream them before they come out, and has been asked repeatedly. I say, fuck 'em. Be more responsible when doing this shit, you make it worse for everybody else. Get him directly out of the scene, goodbye!!
But how do they know if he had a pirate copy or just got the game early?
 

SCB3

Member
you have to be a special kind of stupid to ignore legal requests and even more when it's from Nintendo.

not defending Nintendo. they are way too harsh. but you know they will fuck you up for fun. well done ruining your life for some internet points.
Yep, 2 rules of piracy, do not disclose the methods freely and do not fuck with the house of mouse (or Nintendo now)
 

BlackTron

Member
But how do they know if he had a pirate copy or just got the game early?

I don't know how early he is streaming but some Switch carts have a tendency to leak very early, like one or two weeks before the game comes out. There is no legitimate way to have the game and do this. Even if you got the game just a few days early because a store broke the date, that's still a massive deal that hurts Nintendo, and it's not a one-off. This guy refuses to stop with multiple game releases.
 

BlackTron

Member
that stops the problem. if nintendo get any money off the people they sue it could be a good income source....disgusting yes but there is money involved.

Imagine thinking Nintendo could stop Switch carts from leaking at the source, but won't do it because it's better to win judgements against pirates as a source of income.

Edit: I can see it now: Nintendo on their 7th warning to stop streaming unreleased games, and hoping he ignores it, so they can finally get some money back for this whole scheme.
 
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rofif

Can’t Git Gud
I am all for suing the person who LEAKED the stuff.
But not the person who discuss leaks that are just available online
 

Northeastmonk

Gold Member
I am all for suing the person who LEAKED the stuff.
But not the person who discuss leaks that are just available online
Young adults act like streaming is their job. They do make money, so there are going to be consequences when they act like an idiot.

I would say the sum of all his mistakes caused this to happen. If you take a penny at a time from a register, you’re still stealing.
 

rodrigolfp

Haptic Gamepads 4 Life
This is like prosecuting a whistle blower because they exposed illegal activity.


No. It would probably just be a contract vilation.
From the store that sold it to him, maybe. He as a consumer has no fault in this and can stream at will, no?
 

Sojiro

Member
Why is so hard to stop streaming pirate Nintendo games? Some people just like to give money to lawyers.
But my Internet clout! Given how often Nintendo has been in the news about lawsuits, you would think this individual would think "maybe I shouldn't fuck around with this", but no, Nintendo is just joking sending me repeated notices to stop lol.
 

rofif

Can’t Git Gud
Why is so hard to stop streaming pirate Nintendo games? Some people just like to give money to lawyers.
yep. Most of Nintendo streamers probably don't have original console or games. They just pirate emulated stuff.
On the other hand - Nintendo is not selling these consoles or games... so what is their loss here
 

LordOcidax

Member
yep. Most of Nintendo streamers probably don't have original console or games. They just pirate emulated stuff.
On the other hand - Nintendo is not selling these consoles or games... so what is their loss here
Most Nintendo streamers doesn’t have this problem… Some people just want attention and be the cool guy that mess with Nintendo.
 

LordOcidax

Member
And how is this against any law?


If this is the case, who could be sued is the one who sold it to him. He as a consumer has no fault at this.
I am pretty sure that Nintendo lawyers know that answer… That’s why they are suing, and they have a pretty good track record.
 
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rodrigolfp

Haptic Gamepads 4 Life
I am pretty sure that Nintendo lawyers know that answer… That’s why they are suing, and they have a pretty good track record.
Did they have a track record of suing someone for streaming games before launch? This is the first time I hear something like that.
 

tkscz

Member
Play stupid games, win stupid prizes. Guy was literally warned and kept smacking the wasp nest.

And how is this against any law?


If this is the case, who could be sued is the one who sold it to him. He as a consumer has no fault at this.
He was asked several times to stop streaming pirated games that he would openly say were pirated and even show how to pirate them and play them.

It's no different than someone who bought cocaine and started snorting it in public. Didn't have to make it to know the consequences of possessing it.
 

BlackTron

Member
Guys just to keep myself busy I modded a Wii yesterday have it boot directly into USB loader that shows like 200 GC and Wii games like channels. Was getting tired of Wii U virtual Wii, or needing Wiimote to start a game, shit I was playing some games on a real Gamecube with real discs for crissakes despite my modded Wii U. So I spent a day.

I'm not some goody two shoes here. But I'm not doing this on stuff that hasn't even come out yet and streaming it. It's not something that makes you hip or cool, just grab the game and shut the hell up. I feel awkward stating the above and it's a fucking Wii (actually, Nintendo is still selling a lot of software from GC/Wii, like Pikmin 1/2, Metroid, Skyward Sword. WhO iS iT hUrtInG?)

Play stupid games, win stupid prizes. Guy was literally warned and kept smacking the wasp nest.

He was asked several times to stop streaming pirated games that he would openly say were pirated and even show how to pirate them and play them.

It's no different than someone who bought cocaine and started snorting it in public. Didn't have to make it to know the consequences of possessing it.

STOP MAKING SENSE WAAAHH!!
 

flying_sq

Member
I mean, is it confirmed that he is using pirated copies? If he is getting them legally, then what ground would Nintendo have to stand on?
 

BlackTron

Member
If this is the case than Nintendo is at right.

Bruh, you already knew the games were pirated. Nobody is getting this many games breaking street date. Even if they weren't pirated, then there's a conspiracy with another actor making the games available early, which becomes connected to the harm created by streaming them early. Yes, when things become a repeating pattern and not a single oneoff oopsie it's an extremely big deal in lawsuits...
I mean, is it confirmed that he is using pirated copies? If he is getting them legally, then what ground would Nintendo have to stand on?

There is no way to acquire the game so early without some violation happening somewhere. I mean you could go to a flea market with a stolen case of Switch games and buy it...totally legal. For you. And then you had no idea it was early when you streamed it...once. And then again and again, game after game. Ah huh...lol
 

BlackTron

Member
Did I? What if there is a store out there receiving copies earlier and selling them? This happened before.

Sorry I assumed you had common sense? Or knew what was going on? Yes, a store gives out early copies of one game because they screwed up, or you get an Amazon shipment a day early. Is it easier to believe a person builds a following streaming unreleased Switch games getting lucky with this than to think he has idk...some kind of system for it?
 
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