In a bold move, Nintendo has filed a lawsuit against streamer Jesse Keighin, known online as Every Game Guru, for allegedly broadcasting pirated Nintendo games before their official release dates. The gaming giant is seeking damages that could exceed $7.5 million.
The lawsuit, filed last week, accuses Keighin of streaming at least ten unreleased Nintendo titles over the past decade, including popular games like "Mario & Luigi Brothership" and "The Legend of Zelda: Echoes of Wisdom." Nintendo claims these streams occurred at least 50 times in the last two years alone.
Beyond streaming unreleased games, Keighin is also accused of guiding viewers on how to obtain and play pirated games using "circumvention devices." The lawsuit includes screenshots of Keighin's step-by-step guide for playing illegally downloaded ROMs and links to various Nintendo Switch emulators and ROM distribution websites.
Nintendo's legal team argues that streaming leaked games before their release "normalises and encourages prerelease piracy," potentially harming both the company and its law-abiding customers. They claim this practice can spoil the surprise and enjoyment for players who have been anticipating a game's release for months or even years.
The gaming company is known for its aggressive stance on copyright protection, often sending cease-and-desist letters and takedown requests to alleged infringers. However, Keighin reportedly responded to these notices by creating new channels on other platforms, even taunting Nintendo with claims of having "a thousand burner accounts."
Nintendo is seeking $15,000 for each instance of copyright violation and $2,500 for each contravention of anti-circumvention provisions in the Copyright Act. With at least 50 alleged instances of streaming pirated games, the total damages could reach over $7.5 million. The company is also pursuing "actual damages" for lost revenue, to be determined at trial.
In addition to monetary compensation, Nintendo is requesting the court to remove Keighin's streams and videos, and seize any emulators, hacked devices, and hard drives containing the allegedly pirated games.
As this legal battle unfolds, it serves as a reminder of the ongoing tension between content creators, gaming companies, and copyright law in the digital age. The outcome of this case could have far-reaching implications for streamers and the gaming industry as a whole.