There’s rather “interesting” news around Nintendo this weekend, as the firm is said to have sued a streamer who allegedly showed “unreleased and pirated” Nintendo Switch titles on public forums. In another development, Palword’s developer Pocketpair has given insight into the ongoing lawsuit with Nintendo, disclosing the amount they have been sued for.
Nintendo’s track record of suing individuals and organizations and bringing them to court is pretty lengthy, and the firm has now decided to add another entry. In a new report by TorrentFreak, Nintendo has filed a lawsuit against Jesse Keighin, or EveryGameGuru, saying that the individual is involved in leaking Nintendo’s unreleased titles on multiple occasions. Keighin is accused of streaming on platforms such as YouTube, Discord, Twitch, TikTok, Trovo, Kick, Vaughn, Dlive, Picarto, Nimo, Facebook, and Loco. Here’s what the lawsuit says:
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.
Nintendo says that they have rolled out multiple DMCA notices at Keighin’s streams, but the streamer continued to show unauthorized gameplay, which ultimately forced Nintendo to adopt the legal approach. Interestingly, the pre-released in-game content shown wasn’t simply of the title itself; rather, Keighin had access to pirated copies, which were played on an illegal emulator.
The use of emulators, which circumvent these technological measures, allow people such as Defendant to play pirated Nintendo Switch games — including leaked games — on PCs, Macs, and Android devices.
Nintendo claims that Keighin is responsible for pre-release streaming of titles such as Mario & Luigi Brothership, Super Mario Party Jamboree, and Super Mario RPG. Apart from this, Keighin is alleged to have encouraged infringement to its viewers as well, saying that he supplied “links” to pirated titles, ultimately being involved in extensive violation of Nintendo’s copyright laws. Nintendo is seeking maximum statutory damages of $150,000 for the infringement by EveryGameGuru, which is indeed a hefty amount for an individual.
Nintendo isn’t just after individuals like Keighin. Since the company is pretty committed to its copyright laws, we recently reported on how Nintendo has filed a lawsuit against Pocketpair, the creators of Palworld, claiming that the developers allegedly infringed multiple patents on the title. Now, in a follow-up post, Pocketpair has revealed that Nintendo and The Pokémon Company are now seeking compensation for damages incurred in the filing process, equaling five million yen ($32,846), to both parties.
The lawsuit comes at a pretty questionable time, especially since Palword has been out there for quite some time now, yet Nintendo has been quiet after the actual launch. It is uncertain how the lawsuit will turn out for the parties involved, but it is clear that Nintendo was surely influenced by the massive success of Palword.
