Nintendo Sues Gamer for Streaming Pirated Games
Nintendo has filed a lawsuit against gamer Jesse Keighin, also known as Every Game Guru, for allegedly streaming pirated versions of unreleased games. The lawsuit, filed in a Colorado court, claims that Keighin streamed 10 unreleased Nintendo games over the past 10 years and instructed viewers on how to obtain these games early.
Nintendo alleges that Keighin's actions constitute "trafficking" in illegal "circumvention devices" like emulators and game access keys. The company further argues that streaming unreleased games "normalizes and encourages prerelease piracy," harming both Nintendo and its customers.
Nintendo claims that Keighin's actions have caused "millions of dollars" in lost sales and that the infringement has harmed their business. The company has reportedly issued multiple takedown notices for Keighin's streams on various platforms, but many of his accounts remain active.
Nintendo is seeking to have Keighin's operations shut down, demanding that his streams and videos be taken down, and requesting the seizure of emulators, hacked devices, and hard drives containing pirated games. The company is also seeking damages of $150,000 for each violation of Nintendo's rights under the Copyright Act and $2,500 for each alleged violation of the anti-circumvention and anti-trafficking provisions of the Act. Alternatively, Nintendo may opt to seek "actual damages" and any profits Keighin has gained through these activities.