Starting in as early as 2022, Defendant has streamed unauthorized gameplay of at least ten of Nintendo's leaked games before their publication, and more than fifty times in total.
Nintendo has submitted dozens of takedown notices pursuant to Section 512 of the Copyright Act to have Keighin's unlawful streams removed, and recently multiple platforms, such as YouTube and Twitch, shut down his channels because of copyright strikes.' Despite these immense efforts by Nintendo to enforce its rights short of litigation, Defendant continues to unlawfully stream Nintendo's copyrighted works and thumb his nose at Nintendo and the law. On October 24, 2024, after certain platforms had taken down his unlawful streams as a result of Nintendo's enforcement actions, he sent Nintendo a letter boasting that he has "a thousand burner channels" to stream from and "can do this all day." Recently, after Defendant's monetized YouTube account was slated to be shut down, Defendant began adding a CashApp handle to his streams, continuing to seek to profit off of his unauthorized streaming of Nintendo's games.